The liability of public transport companies (for example, GVB or Dutch Railways)
Generally speaking, public transport is an excellent means of travel that allows people to reach their destination in comfort. When using public transport, people rely on it to provide a safe journey from point A to point B. However, despite this expectation, incidents can occur whilst travelling by public transport, which may result in personal injury. It is therefore important to establish who is responsible for compensating for this damage and how liability is regulated in public transport.
Generally speaking, a victim of a public transport accident suffers greatly as a result of their injuries. As the owner and party responsible for public transport, the public transport operator can be held formally liable for the occurrence of this accident primarily under Article 8:105 of the Civil Code, given that the accident befell the client whilst being transported by GVB.
From a purely legal perspective, the public transport operator, as the carrier, may be held liable for failing to comply sufficiently with safety regulations, or at least for acting negligently in traffic, failing to ensure safety to a sufficient degree, and failing to take adequate measures relating to safety, and thus in relation to the cause of the accident.
In the event of an accident in which a tram or bus is at fault (a tort under Section 6:162 of the Dutch Civil Code), the victim is entitled to compensation. The purpose of the compensation is to cover various items of loss, including:
Loss of income due to incapacity for work;
Medical expenses, including the excess and personal contributions.
Costs for domestic help required due to the limitations.
Travel expenses incurred in connection with medical treatment or therapy.
Compensation for pain and suffering, for example for feelings of depression and anxiety.
These items of damage should be compensated as part of the total compensation the victim receives following the tram or bus accident.
If you have been involved in a traffic accident resulting in personal injury while traveling by tram or bus, we invite you to contact us to exercise your legal rights. Our team is ready to assist you free of charge.
