Carnaval

It’s that time of year again: the streets are filling with color, music, and enthusiastic revelers. But amidst the confetti and the parade floats, accidents can happen when you least expect them. As insurers, we at Toward Insurance see how quickly the festive mood can sour if the legal and financial consequences of an accident aren't properly covered.

Who is actually responsible if a float veers off course or a party tent collapses? Here is everything you need to know about the complex interplay of liabilities during Carnival.

The Floats: More Than Just Decoration

Self-propelled floats and tractors in a parade fall under Third-Party Motor Insurance (BA Motorrijtuigen). This isn't just a formality; it is a crucial protection.

• Driving Risk: If a float deviates from its route and hits a spectator, this insurance covers the damages.
• The "Vulnerable Road User" (Art. 29bis Motor Vehicle Insurance Act): This is a key point. If a participant falls off the float and is injured, they are often protected under the "vulnerable road user" law. Their bodily injuries are then compensated by the vehicle's insurer, regardless of who was at fault.

Note: Always inform your insurer of your participation in advance, as most tractors are not designed to transport people (which constitutes an "increase in risk").

The Carnival Association: A Collective Responsibility

Many groups are organized as unincorporated associations (feitelijke verenigingen). This carries a significant risk: the members are jointly and severally liable.

• Material Risk: Imagine a defective tractor belonging to the association catches fire and damages third-party property. Or a loudspeaker vibrates loose and falls onto someone in the crowd. In these cases, the Association's Liability Insurance is triggered.
• Personal Impact: Without proper insurance, individual members of an unincorporated association can be held personally responsible for paying for damages.

The Organizer: Safety in the Tent

The event organizer carries the ultimate responsibility for the infrastructure.

• Organizer’s Liability: If part of a carnival tent collapses because it was improperly anchored, the fault lies with the organization.
• Strict Liability (Fire and Explosion): For spaces open to the public (like a marquee or hall), the organization is legally required to take out a "Strict Liability" (Objectieve Aansprakelijkheid) policy.
• Did you know? This insurance covers bodily injuries to those present in the event of fire or explosion, without the need to prove anyone was at fault. The tragic Crans Montana disco fire remains the textbook example of why this coverage is indispensable.

The Individual Participant: The Role of "Personal Liability"

Anyone helping with the parade or festivities—whether you are an official club member or just lending a hand—can be held personally liable for damage to others. This is where Personal/Family Liability Insurance (BA Familiale) comes in. For volunteers and individual participants, this is the final safety net that prevents a simple oversight from leading to personal financial ruin.

Summary: Who Covers What?

Our Advice: Enjoy the party, but check in advance if your association’s or event’s insurance is up to date. A well-insured participant celebrates with a lot more peace of mind!