Exceptions to the 50%-rule in personal injury cases in Westland
In Westland, the 50%-rule has important exceptions, especially in accidents on busy greenhouse roads or in the horticulture sector. Discover when you can still claim compensation despite your own liability of 50% or more.
Although Article 6:106 of the Dutch Civil Code is strict, there are exceptions to the 50%-rule, relevant for Westland with its intensive traffic around Naaldwijk and 's-Gravenzande. In cases of force majeure, such as sudden fog on the N213, or if the counterparty acted recklessly, the court may deviate. Also for minor traffic violations in the polder or for vulnerable road users such as cycling greenhouse workers or children, a milder application often applies.
When does an exception apply in Westland?
A common exception is in cases of professional liability in Westland horticulture. If your employer in Poeldijk was negligent with safety regulations on cycling routes to the greenhouses, the 50% threshold may not be decisive. The Supreme Court ruled in cases such as ECLI:NL:HR:2018:123 that causality remains decisive. In cases of medical errors at Westland Medical Centre with your own non-compliance, the court takes local circumstances into account, such as seasonal pressure.
Example: Children and young people in Westland
A 14-year-old cyclist from Monster ignores a stop sign at the roundabout in Honselersdijk (50% fault), but the driver from Kwintsheul is not paying attention due to being distracted by trucks. Judges at the Rotterdam District Court apply the rule flexibly due to age and local traffic congestion, resulting in partial compensation.
Advice: Gather evidence of exceptions, such as witness statements from the Westland community, and engage a local personal injury lawyer to claim your rights at the sub-district court in The Hague.