Collectieve aansprakelijkheid
Collective liability
Collective liability is the situation in which multiple persons or entities are held jointly and severally liable for damage or an obligation.
Joint and several liability arises when a group of persons or parties causes damage through their joint acts or omissions. Under Dutch law, in particular pursuant to Article 6:102 of the Dutch Civil Code, the victim may claim full compensation from any one of the liable parties.
This form of liability strengthens the position of the injured party, who need not prove which party caused which portion of the damage. The internal allocation of liability among the responsible parties is then effected by way of recourse.
In practice, joint and several liability frequently arises in multi-party traffic accidents, environmental damage, or tortious acts committed during demonstrations.
“The court held that the four contractors were collectively liable for the collapse of the building.”
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