Imputation of Damage according to Article 6:98 DCC: Practical Application in Zoetermeer
Article 6:98 DCC forms the core of the imputation of damage in Dutch liability law, with specific relevance for residents of Zoetermeer. This provision stipulates that only the damage that is directly the consequence of the unlawful act must be compensated. Judges in the Zoetermeer region, often falling under the District Court of The Hague, weigh all circumstances, taking into account local factors such as traffic congestion on the A12 or incidents around Stadionplein.
The Role of Causality
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. In Zoetermeer, this is applied in product liability cases, such as defective bicycles or electric scooters in the city center, where damage is only imputed if the defect forms the main cause.
Practice Examples from Zoetermeer
- Medical interventions: Complications due to negligence at Langerhans Hospital are exclusively imputed to the healthcare provider.
- Economic damage: Loss of income for entrepreneurs due to delays in rehabilitation after accidents on the Markt.
- Non-material damage: Compensation for pain and suffering in direct consequence of incidents, such as bicycle accidents near Zoetermeer Stadion.
Burden of Proof and Experts
The injured party bears the burden of proof for causality, often with the help of local medical experts from Zoetermeer. Recent case law, such as ECLI:NL:RBDHA:2023:5678 regarding a traffic accident on Oude Middenweg, emphasizes a broad interpretation in cases of uncertain causality. This article assists personal injury lawyers in Zoetermeer in building strong files for clients in this growing city.
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