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Victims of broken dike take legal action
In the night of 25 August 2003, a dike in the Dutch village of Wilnis gave way. The water in the Ringvaart behind the dike flooded the streets of Wilnis and found its way into many dwellings. Houseboats in the Ringvaart were grounded. There was considerable damage. The local Water Board (Hoogheemraadschap), however, refused to accept liability. Therefore, Van Doorne is preparing a lawsuit for 26 companies/individuals, which suffered as a result.
The Water Board is basing its case on an expert report and other factors. This report apparently shows that the dike gave way due to the long dry spell in the summer of 2003. The dike in Wilnis is largely made up of peat. The Water Board believes that this peat dike ‘dried up’ in the summer of 2003. As a result, it lost a lot of its mass, so that the water in the Ringvaart was able to push away the dike. According to the Water Board, nobody could have foreseen that drought or its consequences for the dike.
The victims see it differently. The dike was in a very poor condition and thus lacked mass. The Water Board knew this and, being solely responsible for it, was the one and only party that could do anything about it. However, it failed to take action. On previous occasions, drought had been a factor elsewhere in the Netherlands in similar cases. In other words, the victims take the position that the dike’s poor quality was the cause for it to give way. If nothing else, the drought merely hastened the process.
The writ of summons will soon be served.
For more information on this matter, please contact our Litigation and Insurance Practice Group.
This case is being dealt with by Pieter van Regteren Altena and Michiel Hoogstrate.
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