Injury on a company outing: Are you covered or not?

A company outing often sounds like a nice perk: having drinks with coworkers, doing something together, and taking a break from the work environment. But what if you get injured during such an outing? Is your employer liable? An important 2009 ruling by the Supreme Court addressed this question, with implications for both employees and employers. In this blog, we’ll explain what happened, what the court ruled, and what you need to know about it.

The incident: a roller skating lesson on a marble floor

This lawsuit involved an employee who fell during a company party and broke her wrist while taking a roller skating lesson. The workshop was organized by the employer and took place in the office’s marble lobby. There was no prior instruction, no protective equipment such as wrist guards, and the floor was, as is well known, slippery and hard.

The employee, who hadn’t roller-skated in years, took a hard fall and, as a result, developed a serious wrist injury. She held her employer liable for the damages, which amounted to a substantial sum. The small claims court judge dismissed her claim. But in the end, she was vindicated by the Supreme Court.

No liability under Article 7:658 of the Dutch Civil Code

Initially, the employee invoked Article 7:658 of the Civil Code, which concerns employers’ duty of care in the event of workplace accidents. For this to apply, the accident must occur while the employee is performing work. However, the judge ruled that the accident had not occurred while she was performing her duties, since they were on a company outing. She was not required to participate in the outing, and it took place outside of working hours. Therefore, Article 7:658 did not apply in this case.

Liability based on the duty of good faith as an employer (Art. 7:611 of the Dutch Civil Code) does apply

But that wasn’t all. The judge then turned to Article 7:611 of the Dutch Civil Code, which states that an employer must behave as a “good employer.” And according to the court of appeals, that’s where things went wrong.

The employer had organized the outing either on its own or through a hired event planning agency. They had chosen a high-risk activity (roller skating) on a hazardous surface (marble) without taking any safety precautions. There were no instructions, no protective gear, and no clear insurance coverage for personal injury.

The court ruled that the employer had thereby violated its duty of care and prevention. Even though participation in the company outing was voluntary, the fact that the employer took the initiative and failed to take adequate safety measures made it liable.

Key lesson: being a good employer goes beyond working hours

What makes this ruling so important? The judge made it clear that an employer can also be held liable for accidents that occur outside of working hours, when those accidents involve activities organized by the employer. Especially if those activities involve risks—such as slippery floors, roller skates, and inexperienced participants, as in this case—an employer must take appropriate measures.

If he fails to do so, this may constitute a violation of the duty of care as an employer. And that means: liability for the employee’s damages.

What does this mean for employees?

Were you injured during a company activity, such as a staff outing or team-building day? If so, it’s important to know that in some cases, your employer may be held liable for your personal injury, even if the accident occurred outside of working hours.

Please note the following:

Was the outing organized or arranged by your employer?
Was there a (known) risk, such as physical activity without protection?
Weren’t there any clear safety instructions?
Was insurance arranged?

If the answers to these questions are unfavorable to the employer, you may be entitled to compensation.

What does this mean for employers?

Are you an employer who regularly organizes activities for your team? If so, give safety some serious thought. Seek guidance from professionals, take out liability insurance, provide instructions and protective gear, and be clear that participation is voluntary. This will help prevent a fun outing from turning into a legal nightmare and resulting in high damage claims.

This blog was written by Stijn Blom, Esq., an employment law attorney at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists employers and employees on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight contracts and policies—with his practical and personalized approach, he helps employers and employees move forward. Want to learn more? Visit Stijn’s page.

Arbeidsadvocaat.nl is happy to assist you if you have any questions about employer liability. Please feel free to contact us .

April 2025