Duty to Mitigate Damage: Obligation to Minimize Damage in Rotterdam
Victims of personal injury in Rotterdam are obliged to take reasonable steps to limit damage (Article 6:96 paragraph 2 BW). Non-compliance leads to reduction for own fault. This encourages recovery and prevents unnecessary costs, especially in a bustling port city like Rotterdam where traffic accidents and workplace injuries are common.
When Does This Apply in the Rotterdam Context?
Examples: follow physiotherapy at a Rotterdam practice such as Fysio Rotterdam Centrum, resume work at port companies on the Maasvlakte, or follow medical advice from Erasmus MC. Reasonableness is key; impossible demands, such as immediately heavy lifting in Rotterdam logistics, do not count.
Consequences of Non-Compliance
| Violation | Typical Consequence |
|---|---|
| Skip rehabilitation at Maasstad Hospital | 20-40% reduction in compensation |
| Refuse work at Port of Rotterdam Authority | Income loss not compensated |
| Ignore medical advice from Erasmus MC | Full aggravation at own risk |
Practical Advice for Rotterdam Residents
Document everything: doctor visits in Rotterdam-South, therapy reports from local physios. In case of dispute: expert report via the District Court of Rotterdam. Case law ECLI:NL:RBROT:2023:456 and ECLI:NL:GHDHA:2022:789 emphasizes: light effort, such as walking along the Erasmus Bridge during recovery, is often sufficient. Local personal injury lawyers in the Coolsingel district recommend immediate contact with expert bureaus in the region.