{"id":5967,"date":"2025-07-15T10:11:54","date_gmt":"2025-07-15T07:11:54","guid":{"rendered":"https:\/\/arbeidsadvocaat.nl\/accident-on-a-company-outing-is-your-boss-liable-for-the-damages\/"},"modified":"2026-08-16T15:45:42","modified_gmt":"2026-08-16T12:45:42","slug":"accident-on-a-company-outing-is-your-boss-liable-for-the-damages","status":"publish","type":"post","link":"https:\/\/arbeidsadvocaat.nl\/en\/accident-on-a-company-outing-is-your-boss-liable-for-the-damages\/","title":{"rendered":"Accident on a company outing: Is your boss liable for the damages?"},"content":{"rendered":"\n

Injury on a company outing: Are you covered or not?<\/strong><\/h4>\n\n

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<\/a> addressed this question, with implications for both employees and employers. In this blog, we\u2019ll explain what happened, what the court ruled, and what you need to know about it. <\/p>\n\n

The incident: a roller skating lesson on a marble floor<\/strong><\/h4>\n\n

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\u2019s 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. <\/p>\n\n

The employee, who hadn\u2019t 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. <\/p>\n\n

No liability under Article 7:658 of the Dutch Civil Code<\/strong><\/h4>\n\n

Initially, the employee invoked Article 7:658 of the Civil Code, which concerns employers\u2019 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. <\/p>\n\n

Liability based on the duty of good faith as an employer (Art. 7:611 of the Dutch Civil Code) does apply<\/strong><\/h4>\n\n

But that wasn\u2019t all. The judge then turned to Article 7:611 of the Dutch Civil Code, which states that an employer must behave as a \u201cgood employer.\u201d And according to the court of appeals, that\u2019s where things went wrong. <\/p>\n\n

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. <\/p>\n\n

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. <\/p>\n\n

Key lesson: being a good employer goes beyond working hours<\/strong><\/h4>\n\n

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\u2014such as slippery floors, roller skates, and inexperienced participants, as in this case\u2014an employer must take appropriate measures. <\/p>\n\n

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\u2019s damages. <\/p>\n\n

What does this mean for employees?<\/strong><\/h4>\n\n

Were you injured during a company activity, such as a staff outing or team-building day? If so, it\u2019s 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. <\/p>\n\n

Please note the following:<\/p>\n\n