Exceptions to the 50%-rule in personal injury cases in Rotterdam
In Rotterdam, important exceptions to the 50%-rule apply in personal injury claims, especially around busy areas such as the Erasmusbrug or the Westersingel. Discover when you can still receive compensation despite your own liability of 50% or more.
Although Article 6:106 of the Dutch Civil Code is strict, exceptions to the 50%-rule exist. In cases of force majeure, such as unexpected slipperiness on the Rotterdam quays, or if the counterparty acted recklessly, the court may deviate. Also for minor traffic violations in the city or for vulnerable road users such as children on bicycles around the Markthal, a milder application often applies.
When does an exception apply in Rotterdam?
A common exception is in cases of professional liability, for example if your employer was negligent with safety regulations at Rotterdam port or construction sites. The Supreme Court ruled in cases such as ECLI:NL:HR:2018:123 that causality remains decisive. In cases of medical errors in Rotterdam hospitals such as Erasmus MC, with your own non-compliance, the court weighs local circumstances heavily.
Example: Cyclists and young people in Rotterdam
A 14-year-old cyclist ignores a stop sign near the Kralingse Plas (50% fault), but the motorist is not paying attention due to distraction. Rotterdam courts often apply the rule leniently due to age and urban congestion, resulting in partial compensation.
Advice: Collect evidence of Rotterdam exceptions, such as witness statements from the port police, and engage a local personal injury lawyer to claim your rights at the District Court of Rotterdam.