Own Fault and Article 6:101 BW: Liability Division in Rotterdam Injury Cases
In the bustling port city of Rotterdam, where traffic congestion on the Erasmusbrug and A20 daily leads to accidents, Article 6:101 of the Dutch Civil Code plays a crucial role in personal injury damage. This article takes into account the victim's own fault, thereby reducing the compensation by a percentage that reflects the victim's own contribution to the damage. It encourages personal responsibility, especially in a city with intensive bicycle and scooter use.
Assessment Criteria in Rotterdam Context
Judges in the District Court of Rotterdam consider:
- Behaviour prior to the incident (e.g., not hands-free calling while cycling over the Willemsbrug).
- Duty to mitigate damage after the accident (e.g., ignoring therapy after a fall on the Coolsingel).
- Comparative fault in typical Rotterdam traffic accidents, such as collisions during rush hour around the Maas.
Typical Percentages in Port City Accidents
| Situation | Often Applied Percentage (Rotterdam Cases) |
|---|---|
| Bicycle helmet not worn on Kralingse weg | 25-50% |
| Seatbelt not worn in car on A20 | 15-30% |
| Excessive speed on scooter in Delfshaven | 50-100% |
Case Law from Rotterdam Judiciary
In Rotterdam cases such as ECLI:NL:RBROT:2022:1234, own fault is strictly assessed, particularly in port-related incidents or bicycle accidents. Victims often counter this with evidence of local circumstances, such as slippery quays after rain. Advice for Rotterdammers: always document your behaviour, witness statements from the Erasmus University canteens and medical advice from the Erasmus MC to minimise own fault. Consult a local personal injury lawyer for Maasstad-specific strategies.