{"id":2215,"date":"2023-05-30T09:43:02","date_gmt":"2023-05-30T09:43:02","guid":{"rendered":"https:\/\/spartalegal.nl\/kennisbank\/aansprakelijkheid-van-openbaarvervoerbedrijven\/"},"modified":"2026-10-23T12:39:27","modified_gmt":"2026-10-23T12:39:27","slug":"liability-of-public-transport-companies","status":"publish","type":"sparta_kb","link":"https:\/\/spartalegal.nl\/en\/kennisbank\/liability-of-public-transport-companies\/","title":{"rendered":"Liability of Public Transport Companies"},"content":{"rendered":"\t\t<div data-elementor-type=\"wp-post\" data-elementor-id=\"2215\" class=\"elementor elementor-2215 elementor-2057\" data-elementor-post-type=\"sparta_kb\">\n\t\t\t\t<div class=\"elementor-element elementor-element-10c20679 e-flex e-con-boxed e-con e-parent\" data-id=\"10c20679\" data-element_type=\"container\" data-e-type=\"container\">\n\t\t\t\t\t<div class=\"e-con-inner\">\n\t\t\t\t<div class=\"elementor-element elementor-element-f36a7b7 elementor-widget elementor-widget-html\" data-id=\"f36a7b7\" data-element_type=\"widget\" data-e-type=\"widget\" data-widget_type=\"html.default\">\n\t\t\t\t\t\n<style>\n\/* Sparta Legal - Public transport liability EN *\/\n.sl-ov {\n  --sl-navy: #253575;\n  --sl-text: #30343d;\n  --sl-soft: #f3f6f9;\n  --sl-border: #dce4ee;\n  color: var(--sl-text);\n  font-family: inherit;\n  line-height: 1.75;\n}\n\n.sl-ov *,\n.sl-ov *::before,\n.sl-ov *::after {\n  box-sizing: border-box;\n}\n\n.sl-ov p {\n  margin: 0 0 20px;\n}\n\n.sl-ov h2 {\n  margin: 38px 0 15px;\n  line-height: 1.3;\n}\n\n.sl-ov h3 {\n  margin: 27px 0 12px;\n  line-height: 1.4;\n}\n\n.sl-ov ul,\n.sl-ov ol {\n  margin: 0 0 23px;\n  padding-left: 24px;\n}\n\n.sl-ov li {\n  padding-left: 3px;\n  margin-bottom: 9px;\n}\n\n.sl-ov a {\n  text-underline-offset: 3px;\n}\n\n.sl-ov .sl-ov-box {\n  margin: 28px 0 32px;\n  padding: 25px 27px;\n  background: var(--sl-soft);\n  border: 1px solid var(--sl-border);\n  border-left: 4px solid var(--sl-navy);\n  border-radius: 12px;\n}\n\n.sl-ov .sl-ov-label {\n  display: block;\n  margin-bottom: 12px;\n  color: var(--sl-navy);\n  font-size: 13px;\n  font-weight: 700;\n  letter-spacing: .05em;\n  text-transform: uppercase;\n}\n\n.sl-ov .sl-ov-box p:last-child,\n.sl-ov .sl-ov-box ol:last-child {\n  margin-bottom: 0;\n}\n\n@media (max-width: 767px) {\n  .sl-ov .sl-ov-box {\n    padding: 20px;\n    margin: 24px 0;\n  }\n\n  .sl-ov h2 {\n    margin-top: 30px;\n  }\n}\n<\/style>\n\n<article class=\"sl-ov\">\n\n<p>A bus that brakes suddenly, a fall inside a tram or an accident on the metro can all lead to serious personal injuries. If you are injured while travelling on public transport in the Netherlands, the transport operator may be liable for your losses. You do not necessarily have to prove that the driver made a traffic error.<\/p>\n\n<p>Public transport operators such as GVB, NS, RET and HTM are subject to specific liability rules. Dutch law provides protection for passengers who suffer injuries during transport, although the applicable rules and the right to compensation depend on the circumstances of the accident.<\/p>\n\n<h2>When is a public transport operator liable?<\/h2>\n\n<p>The liability of transport operators for injuries suffered by passengers is regulated by Book 8 of the Dutch Civil Code (Burgerlijk Wetboek). Article 8:105 is particularly relevant to passenger transport by road and certain forms of rail transport.<\/p>\n\n<p>Under this provision, a carrier is generally liable for injuries or death resulting from an accident that occurs during and in connection with the transport of a passenger.<\/p>\n\n<p>This means that a transport operator may be liable even if it has not been established that the driver made a mistake. However, the carrier may avoid liability under certain statutory conditions.<\/p>\n\n<p>Additional legal provisions may apply to railway transport. The precise basis for a claim therefore depends partly on the means of transport and the circumstances of the accident.<\/p>\n\n<h2>Personal injury caused by a bus or tram braking suddenly<\/h2>\n\n<p>Sudden braking can cause serious injuries, particularly to passengers who are standing, have just boarded or are moving through the vehicle.<\/p>\n\n<p>Common situations include:<\/p>\n\n<ul>\n<li>A passenger falls when a bus suddenly applies its brakes.<\/li>\n<li>Someone is injured when a tram comes to an unexpected stop.<\/li>\n<li>A passenger loses their balance when a bus accelerates.<\/li>\n<li>A traveller is injured when a bus or tram collides with another vehicle.<\/li>\n<li>Someone suffers an injury because a door or another part of the vehicle malfunctions.<\/li>\n<\/ul>\n\n<p>In these situations, it is important to establish whether the injury occurred during and in connection with the journey and which liability rules apply.<\/p>\n\n<p>Not every braking incident or fall automatically gives rise to compensation. A transport operator may argue that the accident resulted from circumstances that a careful carrier could not have avoided and whose consequences could not have been prevented.<\/p>\n\n<h2>Holding GVB liable after a public transport accident<\/h2>\n\n<p>If you are injured while travelling on public transport operated by GVB in Amsterdam, you may be entitled to compensation. This can apply to accidents involving GVB buses, trams and metro services.<\/p>\n\n<p>When making a claim against GVB, it is important to record as much information about the incident as possible. Ideally, note the date, time, route number, direction of travel and the stop or location where the accident occurred.<\/p>\n\n<p>Describe what caused your injury. Was it sudden braking, a collision or a fall while boarding or leaving the vehicle? Witness statements and CCTV footage may also provide valuable evidence.<\/p>\n\n<p>If you have suffered an injury, a written liability claim can be submitted to the responsible transport operator. The claim should explain what happened and describe the injuries and resulting losses.<\/p>\n\n<p>The transport company or its insurer will then assess liability and whether the claimed losses resulted from the accident.<\/p>\n\n<div class=\"sl-ov-box\">\n<span class=\"sl-ov-label\">Practical steps: claiming compensation from GVB<\/span>\n\n<p>If you have been injured on a GVB bus, tram or metro, the following steps can help protect your position:<\/p>\n\n<ol>\n<li><strong>Report the accident.<\/strong> Notify the transport operator and, where possible, request written confirmation or an incident reference number.<\/li>\n<li><strong>Record the journey details.<\/strong> Note the route number, time, location, stop and any witnesses.<\/li>\n<li><strong>Seek medical attention.<\/strong> Have your injuries assessed by a doctor and retain relevant medical records.<\/li>\n<li><strong>Request preservation of CCTV footage.<\/strong> Do this promptly, as recordings may only be stored for a limited period.<\/li>\n<li><strong>Have liability assessed.<\/strong> The circumstances and available evidence can help determine your legal options.<\/li>\n<\/ol>\n\n<p>Keep your ticket, travel records, receipts and any correspondence with the transport operator.<\/p>\n<\/div>\n\n<h2>Claiming compensation from GVB<\/h2>\n\n<p>If GVB is legally responsible for your injuries, you may be able to claim compensation. The amount and type of compensation depend on the consequences of the accident and the applicable legal rules.<\/p>\n\n<p>For example, someone who is unable to work after a fall may suffer a loss of income. Medical expenses may arise, and some injured passengers may require assistance with everyday activities.<\/p>\n\n<p>A personal injury claim may include:<\/p>\n\n<ul>\n<li><strong>Medical expenses:<\/strong> treatment costs, health insurance excesses and other necessary expenses that are not reimbursed elsewhere.<\/li>\n<li><strong>Loss of earnings:<\/strong> income lost because the injury temporarily or permanently prevents you from working.<\/li>\n<li><strong>Domestic assistance:<\/strong> necessary help with household tasks that you can no longer perform independently.<\/li>\n<li><strong>Travel expenses:<\/strong> transport costs associated with medical appointments and treatment.<\/li>\n<li><strong>Pain and suffering:<\/strong> compensation for physical pain, emotional distress and reduced enjoyment of life, known in Dutch law as smartengeld.<\/li>\n<li><strong>Future losses:<\/strong> financial consequences of long-term injuries or permanent limitations.<\/li>\n<\/ul>\n\n<p>Statutory liability limits and other relevant legal circumstances may affect the final amount of compensation.<\/p>\n\n<h2>What if GVB rejects your compensation claim?<\/h2>\n\n<p>A transport operator may reject liability if it believes the accident was outside its responsibility. It may argue, for example, that another road user caused the incident, that the passenger behaved carelessly or that the accident could not have been avoided.<\/p>\n\n<p>However, rejection of a claim does not automatically mean that no compensation is payable.<\/p>\n\n<p>Under Article 8:105 of the Dutch Civil Code, a carrier cannot necessarily avoid liability simply by stating that an accident was unavoidable. The question is whether a careful carrier could reasonably have avoided the circumstances that caused the accident and prevented their consequences.<\/p>\n\n<p>Even where another party caused the accident, the transport operator's potential liability may require further investigation.<\/p>\n\n<h2>Who is liable for an accident involving NS, RET or HTM?<\/h2>\n\n<p>The legal protection available to public transport passengers is not limited to GVB. Special liability rules may also apply to journeys operated by NS, RET, HTM and other transport providers.<\/p>\n\n<p>For injuries sustained during train travel, the contract of carriage and applicable railway legislation may be relevant. Accidents involving buses and trams are also assessed under the appropriate provisions of Book 8 of the Dutch Civil Code.<\/p>\n\n<p>The key considerations are whether the injury occurred in connection with the transport and which circumstances caused the accident.<\/p>\n\n<h2>What if you are injured while boarding or leaving public transport?<\/h2>\n\n<p>Not every public transport accident happens while the vehicle is moving. Passengers can also be injured while boarding or getting off a bus, tram or train.<\/p>\n\n<p>For example, a door may close unexpectedly, a vehicle may move before a passenger has finished getting off, or someone may fall while stepping between the vehicle and the platform.<\/p>\n\n<p>Whether the transport operator is liable depends on the connection with the transport and the cause of the accident.<\/p>\n\n<p>A different assessment may apply when someone trips over an obstacle at a station or bus stop that is unrelated to the vehicle or the actual transport service.<\/p>\n\n<h2>Can contributory negligence affect compensation?<\/h2>\n\n<p>A passenger's own behaviour may also be relevant when determining liability and the amount of compensation.<\/p>\n\n<p>For example, deliberately ignoring safety instructions or engaging in dangerous behaviour may affect the outcome of a personal injury claim.<\/p>\n\n<p>However, not every mistake by a passenger automatically removes the carrier's liability. It must be established to what extent the passenger's actions actually contributed to the accident or the resulting injuries.<\/p>\n\n<h2>How can you prove a personal injury claim after a public transport accident?<\/h2>\n\n<p>Collecting evidence after an accident on public transport can be difficult. Other passengers may leave the scene, and the vehicle may continue its journey before the circumstances have been properly recorded.<\/p>\n\n<p>It is therefore important to document what happened as soon as possible.<\/p>\n\n<p>Witness statements, medical records, incident reports and CCTV footage may all help establish the circumstances of the accident.<\/p>\n\n<p>The development of your symptoms is also relevant. Seek medical advice for your injuries and retain documents that demonstrate how the accident has affected your health, work and daily life.<\/p>\n\n<h2>Legal assistance with public transport injury claims<\/h2>\n\n<p>After an accident on public transport, it is not always immediately clear who is responsible or which losses can be recovered. The specific legal rules governing passenger transport make it important not to rely solely on the transport operator's or insurer's initial response.<\/p>\n\n<p>Sparta Legal assists people who have suffered personal injuries in the Netherlands. We assess liability and help clients pursue compensation, taking into account the circumstances of the accident, the applicable legal rules and the financial consequences of their injuries.<\/p>\n\n<p>Passengers injured in other types of road traffic accidents may also be entitled to compensation. For further information, see our page about <a href=\"https:\/\/spartalegal.nl\/en\/letselschade\/accident-as-a-passenger\/\">personal injury compensation after an accident as a passenger<\/a>.<\/p>\n\n<\/article>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"<p>A bus that brakes suddenly, a fall inside a tram or an accident on the metro can all lead to serious personal injuries. If you are injured while travelling on public transport in the Netherlands, the transport operator may be liable for your losses. You do not necessarily have to prove that the driver made [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":1597,"menu_order":0,"template":"","meta":{"_acf_changed":false,"footnotes":""},"sparta_kb_category":[18],"class_list":["post-2215","sparta_kb","type-sparta_kb","status-publish","has-post-thumbnail","hentry","sparta_kb_category-verkeersongevallen"],"acf":[],"_links":{"self":[{"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/sparta_kb\/2215","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/sparta_kb"}],"about":[{"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/types\/sparta_kb"}],"author":[{"embeddable":true,"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/users\/1"}],"version-history":[{"count":4,"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/sparta_kb\/2215\/revisions"}],"predecessor-version":[{"id":2219,"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/sparta_kb\/2215\/revisions\/2219"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/media\/1597"}],"wp:attachment":[{"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/media?parent=2215"}],"wp:term":[{"taxonomy":"sparta_kb_category","embeddable":true,"href":"https:\/\/spartalegal.nl\/en\/wp-json\/wp\/v2\/sparta_kb_category?post=2215"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}