Who Is Liable When Dangerous Substances Are Spilled During Road Haulage?

Introduction

The Netherlands is often considered a carrier-friendly jurisdiction. In cases of cargo loss or damage the road haulier will in most cases (there are some notable exceptions) be able to rely on the limitation of liability of SDR8.33 per kilogram of Article 23 Subsection 3 CMR or, for domestic carriage, on the limitation of €3.40 per kilogram of Article 8:1105 Dutch Civil Code (DCC) and the governmental decrees relating to it.

However, things are more complicated when damage occurs during the carriage of dangerous substances. Such damage may be suffered by third parties (e.g. bystanders, owners of other vehicles, landowners or safety authorities), by the carrier (e.g. for damage to the vehicle or personal injury of the driver) or by the shipper (e.g. for property damage or for third party claims launched against him).