Imputation of Damage according to Article 6:98 DCC: Practical Application in Westland
Article 6:98 DCC forms the core of the imputation of damage in Dutch liability law, with specific relevance for Westland as the center of horticulture. This provision states that only the damage that is directly the consequence of the unlawful act must be compensated. Judges in the District Court of Rotterdam, which handles Westland, weigh local circumstances in this regard, such as risks in greenhouse complexes around Naaldwijk and Monster, to determine which damage can reasonably be imputed to the perpetrator.
The Role of Causality in Westland Cases
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. For example, in product liability in horticulture, damage is only imputed if a defect in machines or chemicals forms the main cause, such as a pesticide leak in a Westland company.
Practical Examples from Westland
- Medical interventions after greenhouse accidents: Only complications due to negligence, such as falls in Poeldijk, are imputed.
- Economic damage: Loss of income for growers due to delay in harvest after a traffic accident on the N213.
- Non-material damage: Compensation for pain and suffering in direct consequence of incidents, such as injury due to unsafe working conditions in 's-Gravenzande.
Burden of Proof and Experts in Westland
The injured party bears the burden of proof for causality, often with the help of local medical experts from Westland MC or horticulture specialists. Recent case law, such as ECLI:NL:RBROT:2023:5678 regarding a greenhouse fire in Honselersdijk, emphasizes a broad interpretation in cases of uncertain causality. This article assists personal injury lawyers in Westland in building strong files for horticulture-related claims.