Liability law

“Clear legal frameworks prevent unnecessary claims while also strengthening your position where liability risks arise.”

Liza Pekel

Attorney at law

Liability lawyers

Nysingh’s team of liability lawyers specifically addresses liability, insurance, damage and loss matters and assists numerous organisations that are confronted with liability law in varying ways. Working for organisations such as mid-size to large companies, national and international insurers, insurance brokers, government authorities, autonomous administrative authorities and care facilities, we draw on our sector-specific knowledge of the business community, the public sector and the care sector.

We stand out with our high-performing, large team that possesses specialist knowledge and experience in special sub-areas of liability law. We always think on our feet, even in complex or urgent matters. As a full-service law firm, our in-house expertise also covers related areas of law, such as privacy law, construction law, corporate law and administrative law. Moreover, as we understand our clients and their sector, we are able to meet them where they are. This multidisciplinary approach is Nysingh’s trademark, making the firm a strategic legal partner that truly makes a difference for its clients.

We think in solutions and boast a strong reputation when it comes to civil court proceedings, arbitration and mediation, engaging our network of medical advisers, financial experts and other subject-matter experts where necessary.

Business liability

Companies and business owners may face a wide range of risks and claims for compensation that give rise to questions regarding liability law. Nysingh specialises in all sub-areas of liability law that are relevant to companies, including:

Product liability: from claims for compensation arising from faulty products to support in product recalls;
Employer’s liability: in the event of workplace accidents, occupational illness or other work-related risks;
Director’s liability: where directors are held personally liable for mismanagement, in the event of prejudice to third parties or in insolvency situations;
Professional liability: in the event of errors or shortcomings in the exercise of a profession, such as the provision of incorrect advice, the defective performance of assignments or breach of duties of care;
Contractual liability: from settling claims for compensation due to breach of contract to drafting clear and robust conditions in which liability and insurance are properly regulated.

Our services go beyond advising and litigating on disputes that pertain to these types of liability – we also proactively help companies reduce their risks and manage their contracts in this area, as many liability issues can be prevented.

Government liability

Government liability calls for a careful and multidisciplinary approach. Actions and decisions by public authorities can harm citizens, companies or institutions and may arise from both lawful and unlawful conduct.

At Nysingh, our lawyers combine their in-depth knowledge of civil liability law with principles of administrative law, allowing them to advise and support government authorities or to represent clients that claim compensation. We have extensive experience in matters such as:

Unlawful government acts: this includes the provision of incorrect information, insufficient supervision, negligent decision-making, non-compliance with procedures, the incorrect granting or revocation of permits, failure to enforce the rules, and arbitrary or discriminatory actions;

Lawful government acts: decisions made and measures taken in accordance with the law and while following the correct procedures, such as changes to zoning plans resulting in loss, roads being closed for maintenance, the revocation or amendment of permits, expropriation with compensation, and the enforcement of construction and environmental rules. Although these actions are lawful, they may still have adverse effects.

We represent government authorities (municipal authorities, provincial authorities and water boards) as well as aggrieved parties, insurers, care facilities and educational institutions. Our expertise in civil law and administrative law, combined with our sector-specific knowledge, makes us a unique sparring partner. In complex files, we offer a carefully considered and strategic process that starts with advice on liability risks and may ultimately result in legal assistance in both civil proceedings and claims under administrative law.

Liability in the care sector

Liability in the care sector requires specialist knowledge of civil liability law, disciplinary law and specific regulations within this sector. Care facilities and care professionals may be confronted with various liability issues arising from, for example, medical errors, incomplete documentation, violation of the notification obligation or the provision of incorrect information to patients. Care is often provided on a multidisciplinary basis, which complicates an assessment of the shared or overlapping responsibilities of different care providers. Careful treatment of medical data is of the utmost importance as well, as a violation of the privacy rules may also result in liability.

Insurance in the care sector is essential for protecting both carers and care facilities against the financial consequences of liability and the risks that are inherent in the provision of care. Since insurance in the care sector is often subject to specific conditions, limitations and exclusions, it is important for care providers to understand what is covered and what is not.

Nysingh’s lawyers have ample experience assisting care facilities, hospitals, mental healthcare institutions and individual carers in such situations. We provide advice on issues such as risk mitigation and claims handling, and we assist clients in civil proceedings, disciplinary matters and disputes with insurers. Our strength lies in the combination of in-depth legal expertise and thorough knowledge of the care practice, which also involves working closely with our lawyers on the health law team.

Insurance industry

Many liability matters directly affect the insurance industry, since liability is often insured. Nysingh employs specialised lawyers with in-depth knowledge of insurance law, who are familiar with both national and international insurance practices and know their way around the playing field of insurers, reinsurers and insurance brokers. We understand the legal, practical and commercial ins and outs of the insurance industry and effectively use this knowledge to our clients’ advantage.