In modern business dealings, liability plays an increasingly important role. Whether contractual disputes, industrial accidents or professional misconduct – the financial impact of liability claims can be significant. The lawyers at Guldemond Advocaten have extensive experience in all facets of liability law and will help you prevent and resolve liability issues.

Principles of liability

Liability law has several bases. The most common are: Contractual liability When a party fails to perform its contractual obligations, there may be a breach of contract. This occurs, for example, in the case of deliveries that do not meet specifications or services that have not been properly performed. Our lawyers will help you determine the breach, identify the damages and recover them from the other party. Unlawful act Even without a contractual relationship, someone may be liable for inflicted damages. This is referred to as tort. This can range from loss of profits due to wrongful acts by competitors to damage to reputation due to incorrect publications. We advise you on your legal position and the possibilities to recover damages.

Professional liability

Special standards of care apply to professionals. Lawyers, doctors, notaries, accountants and other service providers must meet the requirements of a reasonably competent professional. Violation of these standards can lead to liability. We have extensive experience with:

• Assessing professional misconduct
• Establishing causation
• Calculating consequential damages
• Conducting proceedings against professionals
• Advising on preventive measures

Directors’ liability

As a director of a company, under certain circumstances you can be held personally liable for damages suffered by creditors. This requires careful action and thorough documentation of decision-making. Our attorneys advise directors on:

• Preventing liability risks
• Documenting important decisions
• Preparation of sound records
• Dealing with financial difficulties
• The defense against liability claims

Employer’s Liability

Employers have a far-reaching duty of care for the safety of their employees. In the event of industrial accidents or occupational diseases, the employer may be liable for damages suffered. We advise on:

• Preventive measures and security policies
• The scope of the duty of care
• The handling of accidents
• The defense against claims
• The role of insurers

Bank liability and regulators

Banks and other financial institutions have a special duty of care to their customers. Supervisors may also be liable if they fail in their duties. We have specific expertise in the areas of:

• Banking duty of care
• Liability of supervisors
• Financial products and services
• Complaint procedures and disputes committees

Limitation of liability

Prevention is better than cure. We help companies reduce their liability risks by:

• Drafting sound contracts
• Formulating effective exoneration clauses
• Setting up adequate insurance coverage
• Developing preventive policies
• Ensuring compliance

Practical approach

In liability matters, a quick and appropriate response is often crucial. Our attorneys:

• Analyze your position instantly
• Freeze relevant evidence
• Engage expert where necessary
• Negotiating with counterparties
• Procederen indien noodzakelijk

Contact

If you have any questions about Liability Law, please contact Guldemond Advocaten.