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What is the responsibility of an association manager in the event of an accident?

Verified 07 October 2021 - Legal and Administrative Information Directorate (Prime Minister)

If the director of an association causes damage by his act and in the course of his duties to a third party (a person outside the association), principle association as legal person which responsible.

The same applies if the director causes damage to a member of the association. It is the association which compensates the victim for the damage suffered.

However, personal liability may also be sought if it is established that he has committed detachable fault.

A detachable misconduct of duties is a mistake committed intentionally and a special severity inconsistent with the normal performance of the duties of an officer.

The personal responsibility of the director may also be sought if he acts outside his or her duties or objects (example: a leisure association that will make real estate investments).

The association, as a legal person, may be criminally liable if its leader commits on its behalf, crime or offence. The criminal responsibility of the leader, as the author or accomplice of the wrongdoing, can also be engaged.

Thus, if the accident is caused by an offence or a crime, the association and/or its leader can be criminally prosecuted.

Example :

An association has a car to move its members and the president drives the car more than 50 km above the speed limits.

In this case, the association will be liable and/or criminally and the officer will also be criminally prosecuted as the perpetrator.

FYI  

associations may have more or less obligations depending on their purpose (example: sports associations have an obligation of security vis-à-vis their member). As such, they must subscribe to insurance covering their liability.