Limitation Periods for Non-Material Damage Compensation in Westland
In Westland, with its thriving greenhouse horticulture sector in greenhouses between 's-Gravenzande, Naaldwijk and Monster, claims for non-material damage become time-barred after 5 years from the day following the event on which the injured party has knowledge of the damage and the perpetrator (article 3:310 BW). In cases of workplace accidents in greenhouses or traffic incidents on the N213, often interrupted by summons.
Specific Periods in Westland
- Standard: 5 years after discovery, for example after a greenhouse accident.
- Death-related damage: 5 years after death, relevant in fatal accidents in the Westland polders.
- Medical errors: 5 years after reasonable discovery time, such as in treatments at the local health centre in Poeldijk.
- Interruption: By demand letter, writ of summons or report to the police in Kwintsheul.
Tips to Prevent Limitation in Westland
Send a registered letter to the perpetrator or employer in good time. If the perpetrator is unknown, such as in bicycle accidents on Westland cycle paths: file a police report immediately at the Westland police station, this interrupts the period. After limitation, no compensation is possible anymore, even with a valid claim by a greenhouse horticulturist.
Practice in Westland: Many growers and victims of seasonal labour miss deadlines due to ignorance and busy work weeks; always consult a lawyer from the region, such as via the Westland legal advice centre.