Injury on a company outing: are you covered or not?
A company outing often sounds like a fun perk: having drinks with colleagues, 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? In an important 2009 ruling by the Supreme Court, this question was answered, with implications for both employees and employers. In this blog, we 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 case involved an employee who fell during a company party and broke her wrist while taking a roller skating lesson. The workshop had been organized by the employer and took place in the office’s marble lobby. There was no prior instruction, no protective gear such as wrist guards, and the floor was, as is well known, slippery and hard.
The employee, who hadn’t been roller skating for years, took a hard fall and subsequently developed a serious wrist injury. She held her employer liable for the damages, which amounted to a substantial sum. The subdistrict court dismissed her claim. However, she was ultimately 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 court 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.
However, liability based on the duty of care as an employer (Art. 7:611 of the Dutch Civil Code)
But that wasn’t all. The court then turned to Article 7:611 of the Dutch Civil Code, which states that an employer must act as a “good employer.” And according to the court of appeals, that is where things went wrong.
The employer had organized the outing either on its own or through a hired event planning company. 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 implement adequate safety measures made it liable.
Key takeaway: Good employment practices go 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, particularly when it comes to 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 breach of the duty of care. And that means: liability for the employee’s damages.
What does this mean for workers?
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:
- Was the outing organized or arranged by your employer?
- Was there a (known) risk, such as physical activity without protective gear?
- 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 team-building activities? If so, give safety careful consideration. Seek guidance from professionals, take out liability insurance, provide instructions and protective gear, and make it clear that participation is voluntary. This will help ensure that a fun outing doesn’t end in legal trouble and costly damage claims.
This blog was written by mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs and employees on a daily basis with a variety of employment law issues. From dismissal cases to drafting watertight contracts and regulations - with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn's page.
Arbeidsadvocaat.nl is happy to assist you if you have any questions about employer liability. Please feel freeto contact us.
April 2025
