Liability Forfeiture in Cases of Gross Negligence Personal Injury in Rotterdam
In Rotterdam, gross or intentional fault leads to complete forfeiture of your personal injury claim. When does this apply in addition to the 50%-rule, especially on busy roads like the Erasmusbrug?
Art. 6:106(2) BW: in cases of gross negligence, the claim is completely forfeited, even if you are less than 50% at fault. Intent excludes any compensation, as confirmed in Rotterdam case law.
Gross Negligence Defined in Rotterdam Context
In the port city of Rotterdam, with intensive traffic on the A20 or Westersingel, drunk driving, wheelies on the Kralingse Plasweg, or ignoring a red light qualifies as 'consciously ignoring risk'. The District Court of Rotterdam applies strict standards.
Example: Drunk Scooter Rider on Coolsingel
A scooter rider with 2 promille alcohol crashes into a car on the Coolsingel in Rotterdam: gross negligence established, claim completely rejected despite 40% fault of the car driver. Based on a recent case at the District Court of Rotterdam.
Example: Dangerous Driving Behavior near Feijenoord Stadium
After a match, aggressively accelerating on the Zuiderparkweg led to a collision: the judge ruled gross negligence, no compensation despite the other party's negligence.
The Rotterdam judge assesses on a case-by-case basis, taking into account local traffic congestion. Appeal to the Court of Appeal in The Hague is possible, but success is limited in proven cases of gross negligence.