Exceptions to the 50%-rule in personal injury cases in Tilburg
In Tilburg, the 50%-rule has important exceptions, such as in cases of force majeure or specific situations around the Spoorzone. 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, especially in busy Tilburg neighbourhoods such as the Heuvelstraat or around the Pieter Vleemingpark. In cases of force majeure, such as slippery roads due to winter showers on the Ringbaan West, or if the counterparty acted recklessly, the court in Den Bosch may deviate. Also for minor traffic violations on cycle paths along the Piushaven or for vulnerable road users such as children on their way to school in the Tuinstad, a milder application often applies.
When does an exception apply in Tilburg?
A common exception is in cases of professional liability, for example if your employer was negligent with safety regulations on a construction site near Tilburg station. The Supreme Court ruled in cases such as ECLI:NL:HR:2018:123 that causality remains decisive. In cases of medical errors at the ETZ Elisabeth hospital with own non-compliance, the court takes Tilburg circumstances into account, such as local traffic congestion.
Example: Children and young people in Tilburg
A 14-year-old cyclist ignores a stop sign at the Korvellaan (50% fault), but the motorist is not paying attention due to distraction during rush hour. Courts apply the rule flexibly due to age and the Tilburg context, resulting in partial compensation, as in recent cases at the sub-district court.
Advice: Gather evidence of exceptions, such as dashcam footage from the Tilburg city centre, and engage a local personal injury lawyer to claim your rights at the East Brabant District Court.