Who bears the burden of proof in Westland personal injury cases?
In Westland, where greenhouse construction workers and horticulturists face daily risks of workplace accidents, the primary burden of proof in probability assessment lies with the victim (Article 150 of the Dutch Code of Civil Procedure (Rv)). However, the District Court of Rotterdam, which has jurisdiction over Westland, is required to investigate relevant facts ex officio (Article 6:98 of the Dutch Civil Code (BW)). Insurers of local cooperatives, such as those in 's-Gravenzande or Naaldwijk, must substantiate adverse probabilities with expert reports, often focusing on seasonal labor in horticulture.
The Supreme Court ruling of 11 May 2018 (ECLI:NL:HR:2018:807) clarified that speculative probabilities are not considered; only plausible scenarios, such as recovery after a fall in a Westland greenhouse, are taken into account. Procedurally, the court often appoints regional experts to make realistic assessments of return-to-work possibilities in greenhouse horticulture.
Tips for litigants in Westland
Victims from Poeldijk or Monster should gather incident details, medical records, and horticultural career histories; insurers use probabilistic models tailored to local labor patterns. Objections to expert reports can be raised under Article 200 of the Dutch Code of Civil Procedure (Rv). The Court of Appeal in The Hague upholds binding advice unless it is manifestly unreasonable, which provides predictability in Westland greenhouse accident cases.
These rules prevent trial-and-error and promote efficiency in personal injury cases within Westland's agricultural sector.