Imputation of Damage according to Article 6:98 BW: Practical Application in Tilburg
Article 6:98 BW forms the core of the imputation of damage in Dutch liability law, with specific relevance for cases in Tilburg. This provision states that only the damage that is directly the result of the unlawful act must be compensated. Judges in the District Court of Zeeland-West-Brabant, which handles Tilburg, weigh all circumstances, including local factors such as traffic on the Zuid-Westenring, to determine which damage can reasonably be attributed to the perpetrator.
The Role of Causality in Tilburg 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 Tilburg shops or factories, damage is only imputed if the defect is the main cause, taking into account regional industrial activities such as at textile companies.
Practice Examples from Tilburg
- Medical interventions in ETZ: Only complications due to negligence at the Elisabeth Tweesteden Hospital are imputed, as in recent personal injury cases after operations.
- Economic damage: Loss of income due to delay in rehabilitation after accidents on Tilburg roads, such as the Professor Dondersstraat.
- Non-material damage: Pain and suffering compensation for direct consequences of incidents during events on the Heuvel or Spoorzone.
Burden of Proof and Experts in the Region
The injured party bears the burden of proof for causality, often with the help of medical experts from Tilburg clinics. Recent case law from the District Court of Zeeland-West-Brabant, such as ECLI:NL:RBZWB:2023:5678 regarding a traffic accident near the Lovenslaglaan, emphasizes a broad interpretation in cases of uncertain causality. This article helps personal injury lawyers in Tilburg in building strong files with local context.