Netherlands Labor Update: “Arriva Liable for the Damage Caused by PTSD of a Train Driver”

In a – in terms of facts – quite poignant judgment, Arriva is held liable for the damage suffered due to PTSD of a train driver, incurred while performing his work. The experienced driver, who has been working since 1978, will have a hard time in the period June 2013 – September 2015. His logbook shows that there are 16 incidents such as (near) collisions, track runners, suicide attempts and aggression from passengers. Two incidents in a short period of time stand out: at the end of 2013, his own life was in danger because a heavy object came through the windshield of the train and in July 2014 there was an accident with a car with several deaths.

Arriva offers little or no aftercare and is also very close to the driver with regard to his interaction with passengers and his performance. In the years that followed, the train driver was absent several times for longer periods and since January 2020 he has been receiving IVA benefits. The train driver will therefore suffer considerable loss of income in the coming years. The question is whether Arriva is liable for this.

It is not disputed between the parties that there is PTSD and that the reasons for this lie in the incidents during work and that there is a causal link between the damage and the work. This does not mean that Arriva is liable for the damage suffered. Arriva can still demonstrate that the duty of care towards the driver has not been breached.

The Arnhem-Leeuwarden Court of Appeal framed the duty of care by stating that Arriva should have provided adequate aftercare. Arriva has failed to do so. Instead of initiating appropriate treatments for the employee and offering ‘comfort’, Arriva proceeded to address the driver about his performance and even sent a letter with the subject: intention to impose a disciplinary measure. That should not have been allowed, according to the Court of Appeal. Arriva also failed to provide aftercare on other points.

The Court of Appeal is (very) clear: Arriva has failed in its duty of care towards the train driver. An advance payment of EUR 50,000 for the damage is granted and the further damage has yet to be determined by the parties.

Read the full judgment here

By Hocker, Netherlands, a Transatlantic Law International Affiliated Firm. 

For further information or for any assistance please contact netherlandslabor@transatlanticlaw.com

Disclaimer: Transatlantic Law International Limited is a UK registered limited liability company providing international business and legal solutions through its own resources and the expertise of over 105 affiliated independent law firms in over 95 countries worldwide. This article is for background information only and provided in the context of the applicable law when published and does not constitute legal advice and cannot be relied on as such for any matter. Legal advice may be provided subject to the retention of Transatlantic Law International Limited’s services and its governing terms and conditions of service. Transatlantic Law International Limited, based at 42 Brook Street, London W1K 5DB, United Kingdom, is registered with Companies House, Reg Nr. 361484, with its registered address at 83 Cambridge Street, London SW1V 4PS, United Kingdom.