Injured at a Work Outing: Is Your Employer Liable?
Workplace injury at a company event: are you insured or on your own?
A company outing often feels like a nice perk: a chance to relax, bond with colleagues, and escape the daily routine. But what happens if you get injured during such an event? Is your employer liable for the damage? A landmark ruling by the Dutch Supreme Court in 2009 answered this question, with important consequences for both employees and employers. Here’s what happened, what the court decided, and what you should know.
The case: roller-skating on a marble floor
This case involved an employee who fractured her wrist during a roller-skating workshop at a company party. The event was organized by the employer and held in the company’s marble-floored entrance hall. No safety instructions were given, no protective gear such as wrist guards was provided, and the floor was, as commonly known, slippery and hard.
The employee, who hadn’t skated in years, fell hard and developed a serious wrist condition. She held her employer liable for the resulting damages. Although her claim was initially denied by the lower court, she ultimately prevailed at the Supreme Court.
No liability under Article 7:658 BW
The employee first invoked Article 7:658 of the Dutch Civil Code, which outlines the employer’s duty of care in work-related accidents. However, this article applies only when the accident occurs in the course of performing work. Since the outing took place outside working hours and participation was voluntary, the court ruled that Article 7:658 BW did not apply.
Liability based on good employer conduct (Article 7:611 BW)
But that wasn’t the end of the story. The court then turned to Article 7:611 BW, which requires employers to act as a "good employer." And that’s where things went wrong.
The employer or the external event agency it hired, had organized a high-risk activity (roller-skating) on a dangerous surface (marble) without any safety measures. There were no instructions, no protective gear, and no clear liability insurance.
The court concluded that the employer had breached its duty of care and prevention under this article. Even though participation was voluntary, the fact that the employer initiated the event and failed to ensure safety made it liable.
Key takeaway: good employer conduct extends beyond working hours
What makes this ruling so significant? The court made clear that employers can also be held liable for accidents that happen outside working hours if they take the initiative to organize an event. Especially when the activity involves risks, such as here with skating on a hard surface and inexperienced participants, employers must take safety precautions.
Failing to do so may violate the principle of good employer conduct and that means liability for the employee’s injuries.
What does this mean for employees?
If you’re injured during a company event, whether it’s a team outing or a training day, it’s important to know that your employer may be held responsible, even if the event was voluntary and outside work hours.
Things to consider:
Was the event organized or facilitated by your employer?
Did it involve clear risks (e.g., physical activity without protection)?
Were there no safety instructions or protective equipment?
Was liability insurance in place?
If the answer to these questions is unfavorable for the employer, you may be entitled to compensation.
What does this mean for employers?
If you regularly organize team activities, think carefully about safety. Hire professionals when needed, secure liability insurance, provide clear instructions and protective gear, and make sure participation is genuinely voluntary. This can help prevent a fun outing from turning into a costly legal battle.
The bottom line: acting as a good employer goes beyond working hours. When in doubt, seek legal advice to avoid unnecessary risks.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
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June 2025
