Loss of Liability in Case of Gross Negligence for Personal Injury in Tilburg
Article 6:106(2) of the Dutch Civil Code (BW): in cases of gross negligence, the right to compensation is entirely forfeited, even if your share of fault is below 50%. Intent precludes any compensation, including in busy traffic situations in Tilburg.
Definition of Gross Negligence in the Tilburg Context
In the bustling streets of Tilburg, such as around Heuvelstraat or during events at Pieter Vleemingkpark, driving under the influence or reckless cycling qualifies as 'consciously ignoring risk.' The Tilburg-Rijen police often intervene in such excesses.
Example: Intoxicated Cyclist on Tilburg Market Square
A cyclist with a blood alcohol level of 0.2% collides with a car during Carnival crowds on the market square: gross negligence was established, and the claim was fully rejected despite the driver being 40% at fault. The District Court of Oost-Brabant ruled strictly.
Example: Reckless Scooter Rider near Tilburg Station
A scooter rider ignores a red light near the station and causes an accident: the court in 's-Hertogenbosch confirmed the forfeiture of the claim due to gross negligence, regardless of the 50% fault threshold.
The court assesses each case individually, taking local circumstances such as Tilburg's bicycle-friendly policies into account. An appeal can be lodged with the Court of Appeal in 's-Hertogenbosch.