Liability for Psychological Damage to Third Parties in Westland
In Westland, with its busy greenhouse complexes and glasshouse horticulture companies, we often see psychological damage to witnesses or relatives of accidents, such as shock damage from a fatal transport accident on the Westland roads (e.g. N213). This is compensable under the strict conditions of Article 6:106 of the Dutch Civil Code (BW), specifically for 'relational damage' or PTSD following direct confrontation with an incident in the region.
Conditions for Liability in Westland
- Close involvement: Partner, child or parent, such as a glasshouse horticulturist from 's-Gravenzande who loses a family member.
- Serious psychological disorder: Diagnosed PTSD or depression, established by a psychiatrist in Naaldwijk or Delft.
- Direct perception: Damage experienced through one's own eyes or ears, for example in an accident in a Poeldijk greenhouse or during a truck collision in Monster.
Case Law and Westland Cases
Supreme Court rulings, such as those on serious traffic accidents, limit claims to the close circle of those involved; compensations typically range between €10,000 and €30,000. In Westland, there are cases involving greenhouse accidents or local transport incidents where relatives successfully claimed with evidence from regional hospitals. In larger incidents, comparable to disasters, this can be more extensive. Engage a personal injury lawyer in Westland with a psychiatric report from an expert at HagaZiekenhuis.
Challenge in Westland: Proving causation without physical injury is difficult, especially among seasonal workers or family businesses where witnesses often continue working under pressure.