Liability for Psychological Damage to Third Parties in Utrecht
In Utrecht, where traffic congestion on the A12 and Ring Utrecht often leads to serious accidents, psychological damage to witnesses or relatives (e.g. shock damage) may be compensable under the strict conditions of article 6:106 BW. This includes 'relational damage' or PTSD from directly witnessing an incident, such as a collision at junction Oudenrijn.
Conditions for Liability in Utrecht Context
- Close involvement: Partner, child or parent, often relevant in local family accidents in neighbourhoods such as Kanaleneiland or Lombok.
- Serious psychological disorder: Diagnosed PTSD or depression, to be assessed by Utrecht psychiatrists such as at UMC Utrecht.
- Direct observation: Damage experienced through one's own eyes or ears, for example in a bicycle accident on the Oudegracht.
Relevant Case Law and Utrecht Practice
Supreme Court rulings, such as those on close circle relationships, limit claims to immediate family; typical compensations range between €10,000 and €30,000. In Utrecht cases, such as accidents during Utrecht Canal Pride or at Catharijnepoort, causality is crucial. In larger incidents, comparable to disasters, it may be more extensive. Victims often engage Utrecht personal injury lawyers, supported by a psychiatric report from local experts.
Challenge in Utrecht: Proving causality without physical injury remains difficult, especially for witnesses to busy tram accidents on Voorstraat. Consult a specialist for a claim at the District Court of Midden-Nederland.