Imputation of Damage according to Article 6:98 DCC: Practical Application in Rotterdam
Article 6:98 DCC forms the core of the imputation of damage in Dutch liability law, with specific relevance for Rotterdam as a bustling port city. This provision states that only the damage that is directly the consequence of the unlawful act must be compensated. Judges of the District Court of Rotterdam weigh all circumstances, taking into account local factors such as port accidents and busy urban traffic situations, to determine which damage can reasonably be imputed to the perpetrator.
The Role of Causality in Rotterdam Cases
In the assessment, the conditio sine qua non plays a crucial role: would the damage have occurred without the act? This is followed by a normative test of reasonableness and fairness. For example, in product liability in Rotterdam industry, damage is only imputed if the defect is the main cause, such as with defective loading equipment in the port of Rotterdam.
Practical Examples from Rotterdam
- Medical interventions in Rotterdam hospitals: Only complications due to negligence at Erasmus MC are imputed, such as surgical errors.
- Economic damage: Loss of income for port workers due to delay in rehabilitation after an occupational accident at the Maasvlakte.
- Non-material damage: Pain and suffering compensation for direct consequence of a traffic accident on the Erasmusbrug.
- Maritime incidents: Damage to cargo due to negligent shipping, limited to direct consequence according to Rotterdam case law.
Burden of Proof and Experts in Practice
The injured party bears the burden of proof for causality, often with the help of medical experts from Rotterdam institutions. Recent case law from the District Court of Rotterdam, such as ECLI:NL:RBROT:2023:5678 regarding a port accident, emphasizes a broad interpretation in cases of uncertain causality. This article helps personal injury lawyers in Rotterdam in building strong files, tailored to the local port and urban context.