Who bears the burden of proof in Rotterdam cases?
In Rotterdam injury proceedings involving risk discounting, the primary burden of proof rests on the victim (article 150 Rv), while the judge must investigate relevant facts ex officio (article 6:98 BW). Insurers, often involved in Maasstad incidents such as port accidents, must substantiate adverse risks with expert reports from local experts.
The judgment HR 11 May 2018 (ECLI:NL:HR:2018:807) specifies that only plausible scenarios count, not speculation. The District Court of Rotterdam frequently appoints experts in maritime and industrial claims, with attention to regional work patterns.
Tips for procedural parties in Rotterdam
Victims from the Rotterdam port or industry collect detailed incident data, medical records, and career trajectories; insurers use probabilistic models tailored to the local economy. Objection to expert reports can be made via article 200 Rv at the District Court of Rotterdam. The Court of Appeal of The Hague, competent for Rotterdam appeals, issues binding advice, unless manifestly unreasonable.
This approach minimizes trial-and-error and increases predictability, crucial for Rotterdam injury cases with high stakes in logistics and shipping.