Category Archives: Nieuwsbericht

Employer liability OPS (painter's disease) employee Supreme Court 5 March 2010 An employee joined Hunter Douglas ('HD') in 1988 at the age of 23. Among other things, HD manufactures aluminium blinds (Luxaflex). The employee was working as an operator in the Coil Coating department. In the department, aluminium strips are painted and dried in [...]

Choosing personal injury agency or lawyer? Radar 11 January 2010 Television programme Radar last Monday exposed the dubious practices of personal injury firms. Radar first focused the lamp on the 'advising' of 'no cure, no pay' agreements to victims in situations where this was completely unnecessary because liability for the injuries had already been recognised or [...]

Partial dispute procedure: quicker settlement of personal injury or death damage possible Ministry of Justice 16 December 2009 There will be easy and quick access to court if parties in an injury or death damage case can no longer settle the matter themselves due to disagreements about a partial dispute. The Senate has agreed to a bill to this effect proposed by minister Hirsch Ballin. This [...]

Personal injury civil servant and government liability (municipality) Supreme Court 30 October 2009 Recently, the Supreme Court handed down an important judgment, concerning a civil servant (mechanic/welder) who was temporarily employed by the Reinigings- en Havendienst of the municipality of Utrecht. In 2000, during a work break, he was in a room designated for that purpose for staff with a [...]

Impact damage, Shock damage, claim for damages for surviving relatives Supreme Court 9 October 2009 On 31 March 2001, in Valkenburg aan de Geul, three persons aged 18 to 20 (occupants of a Honda Accord) were killed in a car accident; a fourth occupant was seriously injured. The accident was caused by [...]

Liability orchestra for hearing damage cellis Arnhem Court of Appeal 18 August 2009 Last week, the court ruled in a court case that had already lasted nine years, in which a cellist, employed by the Gelders Orkest since 1974, held his employer liable for hearing damage that he said was the result of the noise exposure during rehearsals and [...]

Zwolle District Court 16 June 2009 On 20 January 2004, a 14-year-old first-year pupil took part in a gym class led by a physical education teacher. The gym class took place in a gymnasium of the Van der Capellen Scholengemeenschap in Zwolle, a public school for vmbo, havo and atheneum. [...]

Labour Inspectorate checks deafening work in discos Press release Ministry SZW 18 May 2009 In the coming months, the Labour Inspectorate will check whether discotheques adequately protect their staff from excessive noise. Bartenders, glass collectors, security staff and DJs who often work in loud music run a high risk of irreparable hearing damage. Hearing problems usually develop slowly and once hearing [...]

Fall over grape in potato, vegetable and fruit department of supermarket Arnhem Court of Appeal 12 May 2009 In this case, a woman fell in the potato, vegetable [...] department of Albert Heijn in Enschede on 6 July 2005, around 20:20, when she was visiting the supermarket branch of Albert Heijn in Enschede as a customer together with her husband and son.

Death damages take over domestic duties and child rearing Supreme Court 10 April 2009 On 15 June 1998, an employee, married and father of a two-year-old daughter, died as a result of an industrial accident while working for Philip Morris. Philip Morris admits liability for the accident. At the time of the accident, the wife of [...]