In our society, the basic principle is that every adult is responsible for their own actions. This means that, in principle, you are liable yourself for the consequences of your own mistakes and for your own debts. This rule of personal liability is the cornerstone of our legal system, in which individuals are held responsible for their own actions and the consequences of those actions. In certain circumstances, an individual can be held liable for the actions of someone else, even for the actions of another adult. This page describes the situation in the Netherlands.
Liability for adult children
The liability of parents for their children is an important aspect of parenthood and mainly concerns minor children. And, more precisely, children up to the age of 16. In principle, parents are liable for the damage their young, minor children cause. This is based on the idea that parents have a duty of care and are responsible for supervising and raising their minor children. The law assumes that, given their age and level of development, minor children cannot always foresee the full consequences of their actions. Parents should help them with this.
For children aged 16 and over, the situation is different. In principle, they are fully liable for their own actions. As a result, the direct liability of parents for the actions of their older children is considerably limited. Only by way of exception can parents be liable for the behaviour of their child aged 16 or over, but then the parent must also have made a mistake themselves, or the parent must be open to blame. These situations are relatively rare, and in those cases it is more a matter of personal liability for the parent’s own mistake than mere liability for the child’s mistake.
All about the liability of parents for their childrenLiability for debts of other adults
In general, every individual is responsible for their own debts. This means that the financial obligations you enter into are personal and are not automatically transferred to others. Within the context of marriage, however, this can take a different turn. In certain situations, spouses can be responsible for the debts incurred by their partner. This principle mainly applies to debts that can be regarded as debts for the benefit of the household. In these cases, both spouses can be held responsible for repayment, regardless of who incurred the debt, and this even applies after divorce. This concept is based on the idea of a financial community within marriage, in which both partners contribute to and form part of a joint economic unit.
All about liability for the debts of othersLiability for people under supervision
Another form of liability for other adults is found in situations where an adult is under the supervision of a third party, for example a clinic or an employer. In such cases, a certain duty of care may be expected from the supervisor. If the supervision is not carried out properly, the supervisor can therefore be liable for the damage caused by the adult under their supervision.
Liability for the behaviour of people with a mental disorder
People with a mental disorder often do not fully realise what they are doing and can cause damage as a result. It often happens that the mistake, and therefore the damage, cannot be attributed to the person with the mental disorder. That is why it is important that people with a mental disorder are protected against themselves and that others are protected against them. In certain circumstances, a clinic can be held liable for the behaviour of patients who are regarded as having a mental disorder. This liability is grounded in the responsibility the clinic bears for supervising and caring for its patients. If a patient in the care of the clinic causes damage to third parties, the clinic can be held liable if it can be shown that it was negligent in providing adequate care or supervision.
This form of liability is linked to the professional standard expected of such care institutions. It is assumed that the clinic has the expertise and resources to recognise and manage potentially dangerous behaviour. If the clinic fails to provide the required care and supervision, and this leads to damage, it can be held responsible for this negligence.
Liability for the behaviour of prisoners
Just as with people with a mental disorder, society needs to be protected against prisoners. At the same time, prisoners must be protected against each other and against themselves. This is the responsibility of the Dutch State, in particular the Ministry of Justice and Security (ministerie van Justitie en Veiligheid). When a prisoner causes damage to third parties, the State can be held liable in certain cases. This is based on the State’s duty to supervise and take care of the people it holds in detention. The government is obliged to ensure a safe detention environment, for the prisoners as well as for the staff and any visitors. When a prisoner causes harm to others and this can be attributed to negligence by the State in maintaining safety, such as insufficient supervision or insufficient security at prisons, the State can be held liable.
More information about liability involving prisonersLiability for mistakes by employees, interns and volunteers
In many cases, employers are liable for the mistakes their employees make while carrying out their work. This is an important aspect of employment law in the Netherlands. This form of liability, known as employer’s liability, is based on the principle that an employer is responsible for the working environment and the actions of their staff. Although volunteers are not employees, the organisation they are associated with can still be liable for their mistakes. This depends on the degree of supervision and control the organisation has over the volunteer and the nature of the activities carried out. The same applies, for example, when taking on interns.
Frequently asked questions about liability for adults
Liability is a broad and often complex area of law that affects various aspects of daily life. Usually, you are responsible yourself for your own mistakes and your own debts, but sometimes someone else can (also) be responsible. This is a special situation that can raise questions.
Up to what age am I liable for my child?
There are special rules governing the liability of parents for children. These rules apply to children up to the age of sixteen. From the age of sixteen, there are no special rules holding parents responsible for the behaviour of their children. Even so, parents can still be liable for their children aged sixteen and over, but then the parent must also be open to blame. In practice, children aged sixteen and over are usually simply liable themselves for their mistakes.
How is the employer’s liability for the employee arranged?
In principle, an employer is liable for damage caused by employees while carrying out their work. This liability is based on the assumption that the employer has control and supervision over the working environment and the employee’s activities. Intent or conscious recklessness on the part of the employee does not remove the employer’s liability towards third parties. In that case, however, the employer can recover the damage from the employee (Article 6:170(3) and Article 7:661 of the Dutch Civil Code (Burgerlijk Wetboek, BW)).
In the case of theft by an employee, does liability lie with the employer?
In principle, the employee is liable themselves if he or she steals, because that involves intent. This is different if the employer is open to blame, for example if the employer gave the instruction to steal.
How is the employer’s liability for a drunk employee arranged?
If an employee causes damage while under the influence of alcohol, the employer can still be liable. If the employer knew or should reasonably have known about the intoxication and took no measures, there may be shared liability. The employer can be expected to have a clear policy on alcohol at work and on being under the influence at work. The employer must also set a good example themselves.
What about liability for volunteer work?
Organisations can be liable for mistakes made by volunteers during their volunteer work. This depends on the degree of supervision, whether there was intent, whether the volunteer acted within the limits of their role … In other words, this has to be assessed case by case.