LIABILITY
Entrepreneurship is about seeing and exploiting opportunities, but also taking risks. Some of these risks are legal in nature. Your company can be hit hard by such a risk. The legal keyword is: liability. Our office has handled all kinds of cases in this area.
Examples are:
Sell company
An elderly entrepreneur sells his company, but at the last minute he starts to doubt his successor. He wants to get out of the deal. The contract is ready, but has not yet been signed. The buyer holds him liable because the transaction does not go through. In the Netherlands, you are liable if you break off advanced negotiations. Is the entrepreneur liable?
Dangerous sport
Another client of our office operates a large go-kart track and entertainment center. A lot of young people come to visit, but sometimes things go wrong. The insurer does not want to insure the risks. What to do if an injury occurs? Can business risk be mitigated? Or can the customer not claim because he knew what he was getting into?
Industrial accident
An employee has an industrial accident. It’s actually another employee’s fault, but your company will be held liable. The employer’s liability for industrial accidents goes very far. Can you transfer the bill to the insurance company of the employee who caused the accident if the company insurance policy does not pay?
Accountant
Your sole proprietorship is growing rapidly and your accountant advises you to quickly enter the BV. That saves a lot of tax. You follow the advice and instruct him to set up the BV, but the accountant does not carry out the assignment because he gets a burn out. Is he – or his insurer – liable for the tax damage?