Government liability

When government errors lead to damage

Governments can also make mistakes when making decisions, providing information, or implementing policies. Such mistakes can lead to harm for citizens, businesses, or institutions. In those cases, the question arises: is the government liable? 

Government liability is legally complex. The boundary between public law and private law is not always clear, and even with lawful government actions, there may still be a duty to compensate for damages in some cases. 

Unlawful and lawful government actions 

The government can be liable in various ways: 

• Unlawful act: for example, in the case of an unlawful decision, incorrect information provision, or negligent actions. 
• Lawful act: damage resulting from lawful government actions (such as changes in land use planning or granting permits), for which compensation can still be claimed under certain circumstances based on disadvantage compensation. 

The appropriate legal route, whether administrative or civil, depends on the type of damage and its cause. An incorrect procedure choice can influence the success of your claim. 

Our expertise 

We regularly litigate for and against governments in cases related to government liability. We assist clients in issues concerning: 

• Compensation for unlawful decisions; 
• Planning damage or disadvantage compensation in spatial planning; 
• Negligent actions or omissions by officials; 
• Information provision and promises by administrative bodies; 
• Liability in infrastructure or construction projects. 

We also advise governments in assessing liability claims and developing defense strategies. 

Strategic and legally strong action 

Government liability requires in-depth knowledge of both administrative law and private law. Our multidisciplinary approach ensures effective handling of your case, in the appropriate procedure and with consideration for the legal and practical context. 

If you have faced damage due to government actions, or if you are being held liable as a government, please contact our specialists for tailored legal advice.