Dr. Esther Engelhard is an associate professor and researcher affiliated with Ucall, het Utrecht Centre for Accountability and Liability Law, and the author of numerous national and international publications, including books and expert reports (see ResearchGate). She serves as a member and chair of the Examination Appeals Board, is a member of the Advisory Board of Letsel & Schade. She is also involved in PhD supervision and provides executive education, lectures and guest teaching.
Her expertise lies in the field of non-contractual liability and damages, encompassing issues of liability for climate-related harm, personal injury, workplace accidents and occupational diseases, defective products and AI. Wherever damage occurs, the question quickly arises as to who should bear the costs: the tortfeasor, the injured party, or both? The liability of other actors may also come into play: what was or is the role of regulators and/or the State (for example, in cases of alleged negligence in their capacity as road authority, legislator, or judiciary)? The research domain primarily concerns civil liability, as well as more specific areas such as data protection, disaster damage, and the Wts (Compensation for Damage Caused by Disasters Act), and the significance of fundamental rights for questions of liability and responsibility.
Fundamental questions arise: which criteria should guide the determination of who ought to bear the loss? How should the balancing of interests between injured parties and those responsible for the damage, or other liable actors, be conducted? What role should broader societal interests play, and to what extent should empirical insights be taken into account? What is the influence of insurance and/or compensation funds? What are the aims or functions of liability law? Her research focuses on these questions.