Imputation of Damage according to Article 6:98 DCC: Practical Application in Utrecht
Article 6:98 DCC forms the core of the imputation of damage in Dutch liability law, particularly relevant for cases at the District Court Midden-Nederland in Utrecht. This provision states that only the damage that is directly the consequence of the unlawful act must be compensated. Utrecht judges weigh all circumstances, taking into account local factors such as heavy traffic on the Utrecht ring road and incidents at UMC Utrecht, to determine which damage can reasonably be imputed to the perpetrator.
The Role of Causality
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 Utrecht shops or medical errors at the Wilhelmina Children's Hospital, damage is only imputed if the defect or negligence constitutes the main cause.
Practical Examples from Utrecht
- Medical interventions: Only complications due to negligence at UMC Utrecht, such as a failed operation, are imputed.
- Economic damage: Loss of income due to delay in rehabilitation after a traffic accident on the A2 near Utrecht.
- Non-material damage: Pain and suffering compensation for the direct consequence of a bicycle accident in Utrecht city centre.
Burden of Proof and Experts in Utrecht Cases
The injured party bears the burden of proof for causality, often with the help of medical experts from UMC Utrecht. Recent case law from the District Court Midden-Nederland, such as ECLI:NL:RBMNE:2023:4567 concerning a workplace accident in a Utrecht warehouse, emphasizes a broad interpretation in cases of uncertain causality. This article assists personal injury lawyers in Utrecht in building strong files for local courts.