Exceptions to the 50%-rule in personal injury cases in Utrecht
In Utrecht, important exceptions to the 50%-rule apply in personal injury claims, especially in cases of force majeure or specific local situations. Discover when you can still claim compensation despite your own liability of 50% or more.
Although Article 6:106 BW is strict, exceptions to the 50%-rule exist, also in Utrecht cases. In cases of force majeure, such as unexpected slipperiness on the canal paths, or if the counterparty acted recklessly, the court may deviate. For minor traffic violations around the Oudegracht or for vulnerable road users such as children and cyclists, the District Court of Utrecht often applies milder rules.
When does an exception apply in Utrecht?
A common exception is in professional liability in Utrecht work environments, such as construction projects along the Merwede or in university labs. If your employer was negligent in safety regulations, the 50% threshold is not always decisive. The Supreme Court ruled in cases such as ECLI:NL:HR:2018:123 that causality remains decisive, which judges in Utrecht cases such as bicycle accidents on the Catharijnebaan confirm. In cases of medical errors at UMC Utrecht with own non-compliance, the judge weighs local circumstances heavily.
Example: Children and young people in Utrecht
A 14-year-old cyclist ignores a stop sign at Smakkelaarsveld (50% fault), but the motorist is distracted and not paying attention. Utrecht judges apply the rule flexibly due to age and busy urban context, resulting in partial compensation.
Advice: Gather evidence of exceptions, such as witness statements from Utrecht streets, and engage a local personal injury lawyer to claim your rights at the District Court of Midden-Nederland.