Liability for Psychiatric Damage to Third Parties in Tilburg

Liability for Psychiatric Damage to Third Parties in Tilburg

In Tilburg, where traffic accidents frequently occur on the busy Ringbaan and near industrial areas such as de Loven, psychiatric damage to witnesses or relatives (e.g., shock damage) is compensable under strict conditions of Article 6:106 of the Dutch Civil Code. This includes 'relational damage' or PTSD from witnessing an accident, such as a collision during carnival crowds.

Conditions for Liability in Tilburg

• Close involvement: Partner, child or parent, often relevant in local family accidents.
• Serious psychiatric disorder: Diagnosed PTSD or depression, to be assessed by Tilburg psychologists.
• Direct perception: Damage experienced through one's own eyes or ears, for example in an incident on the Spoorlaan.

Case Law and Tilburg Context

Supreme Court rulings limit claims to a close circle; typical compensations €10,000-€30,000. In larger incidents, such as bus accidents near the center, it can be more extensive. Local examples from the District Court of East Brabant emphasize proof via psychiatric report. File a claim through a Tilburg personal injury lawyer, specialized in regional cases.

Challenge: Proving causation without physical injury remains difficult, especially for witnesses to bicycle accidents in the city center.