Extinguished Liability in Case of Gross Negligence for Personal Injury in Westland
Under Article 6:106(2) of the Dutch Civil Code (BW), gross negligence results in the complete extinguishment of your personal injury claim, even if your degree of fault is below 50%. Intent precludes any compensation, including in local traffic accidents around 's-Gravenzande or Naaldwijk.
Definition of Gross Negligence in the Westland Context
In the greenhouse horticulture region of Westland, actions such as drinking and driving on narrow roads like the Veilingroute, or reckless overtaking between greenhouses, qualify as 'consciously ignoring risks.' Cyclists who speed across cycle paths without lights similarly risk forfeiting their claims.
Example: Intoxicated Cyclist in Monster
A cyclist with a blood alcohol level of 0.2% collides with a car at an intersection in Monster. The court rules gross negligence, and the claim is entirely dismissed despite the driver bearing 40% of the fault on the N213.
The subdistrict court in The Hague assesses these Westland cases on an individual basis. Appeals for personal injury claims from the region may be lodged with the Court of Appeal.