Own Fault and Article 6:101 CC: Liability Division in Westland
In Westland, with its busy greenhouse streets and bike paths, Article 6:101 CC allows for consideration of the victim's own fault in personal injury cases. The compensation is reduced by a percentage that reflects the victim's own contribution to the damage, for example in accidents on the road from 's-Gravenzande to Naaldwijk. This principle promotes personal responsibility in a region full of agricultural traffic.
Assessment Criteria in Westland Context
Judges in the District Court of Rotterdam consider:
- Behavior before the incident (e.g., not hands-free calling while cycling on Westland paths).
- Duty to mitigate damage after the accident (e.g., ignoring therapy for growers' injuries).
- Comparative fault in traffic accidents on local roads such as the N222.
Typical Percentages
| Situation | Often Applied Percentage in Westland |
|---|---|
| Helmet not worn on bike paths | 25-50% |
| Seatbelt not worn in car | 15-30% |
| Speeding on N213 | 50-100% |
Case Law and Westland Advice
In cases such as ECLI:NL:RBROT:2022:1234 from the Westland region, own fault is strictly assessed, especially in bike accidents between greenhouses. Victims can counter this with evidence of necessity, such as busy harvest times. Advice for Westlanders: always document your behavior, medical advice, and local traffic conditions to minimize own fault.