Duty to Mitigate Damage: Obligation to Minimise Damage in Westland
Victims of personal injury in Westland, such as in accidents in greenhouses or on the roads around Naaldwijk and Poeldijk, are obliged to take reasonable steps to limit damage (Article 6:96(2) CC). Non-compliance leads to reduction for own fault. This encourages recovery and prevents unnecessary costs, particularly relevant for the agricultural sector in our municipality.
When Does This Apply in Westland?
Examples specific to Westland: follow physiotherapy after a horticultural accident, resume work in the greenhouses of Honselersdijk, or follow medical advice after a cycling accident on the N213. Reasonableness is key; impossible demands, such as immediately heavy lifting after injury, do not count.
Consequences of Non-Compliance
| Violation | Typical Consequence |
|---|---|
| Skipping rehabilitation after greenhouse accident | 20-40% reduction in compensation |
| Refusal to work in horticulture | Loss of income from greenhouse work not compensated |
| Ignoring medical advice after traffic accident | Full aggravation at own risk |
Practical Advice for Westlanders
Document everything: doctor visits at GPs in Monster, therapy reports from local physiotherapists. In case of dispute: have an expert report drawn up via the court in The Hague. Case law ECLI:NL:RBROT:2023:456, a Westland case involving a garden worker, emphasises: light effort such as adapted work in the greenhouses is often sufficient.