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Liability for Psychological Damage to Third Parties in Delft

Psychological damage to third parties in Delft: conditions from article 6:106 BW, local case law and claims for affection damage or shock damage following accidents on bike paths and canals.

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Liability for Psychological Damage to Third Parties in Delft

In Delft, with its busy bike paths along the canals and the bustling city centre around the Markt, we often see psychological damage to witnesses or relatives of accidents, such as bicycle collisions or tram incidents (e.g. shock damage). This is compensable under the strict conditions of article 6:106 BW, specifically for 'affection damage' or PTSD from directly witnessing an accident in the city.

Conditions for Liability in Delft Context

  • Close involvement: Partner, child or parent, for example in the case of a family member who is killed in an accident on the Rotterdamseweg.
  • Serious psychological disorder: Diagnosed PTSD or depression, often following shocking scenes in local incidents such as falls on the bridges.
  • Direct observation: Damage experienced through one's own eyes or ears, such as a crash during the Delft student festivals.

Relevant Case Law and Delft Examples

Supreme Court rulings limit claims to the close circle of those involved; typical compensations range between €10,000 and €30,000. In Delft cases, such as relatives of traffic accidents on the Phoenixstraat, causality is crucial. In larger incidents, comparable to disasters, it can be more extensive. Victims in Delft often engage a local personal injury lawyer with a psychiatric report from an expert at the Reinier de Graaf Hospital.

Challenge in Delft: Proving causality without physical injury remains difficult, especially for witnesses to busy market accidents, but successful claims are achievable with strong medical evidence.