Who bears the burden of proof in Delft cases?
In injury cases before the District Court of The Hague, Delft location – often occurring in TU Delft student accidents or bicycle incidents in the historic city centre – the primary burden of proof rests on the victim (article 150 Rv). However, the judge must investigate relevant facts ex officio (article 6:98 BW), especially in local claims following accidents on the Technopolis campus or along the canals. Insurers in the Delft region must substantiate bad chances with expert reports, taking into account Delft mobility patterns.
The judgment HR 11 May 2018 (ECLI:NL:HR:2018:807) clarified that speculative chances do not count; only plausible scenarios, such as recovery after a fall on the Markt. Procedurally, the Delft court often appoints experts for bicycle or work-related injuries.
Tips for procedural parties in Delft
Victims from Delft collect incident data, such as camera footage from Philipslaan, and career history, e.g., in high-tech jobs around the TU. Insurers use probabilistic models tailored to local demographics. Objection to expert reports is possible via article 200 Rv. The court of appeal nails down binding advice, unless manifestly unreasonable, which brings predictability to Delft injury procedures.
These rules prevent trial-and-error and promote efficiency in cases at the Delft court, where innovative tech accidents are increasing.