Imputation of Damage according to Article 6:98 BW: Practical Application in Delft
Article 6:98 BW forms the core of the imputation of damage in Dutch liability law, with specific relevance for cases in Delft. This provision states that only the damage that is directly the consequence of the unlawful act must be compensated. Judges of the District Court of The Hague, Delft location, weigh all circumstances in this regard, taking into account local factors such as traffic congestion around TU Delft and the Delft hospital landscape, to determine which damage can reasonably be imputed to the perpetrator.
The Role of Causality in Delft Cases
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 Delft tech startups around TU Delft, damage is only imputed if the defect is the main cause, such as a defective prototype causing injury during a demonstration on campus.
Practice Examples from Delft
- Medical interventions in Reinier de Graaf Hospital: Only complications due to negligence during operations in Delft are imputed, such as a surgical error leading to prolonged rehabilitation.
- Economic damage: Loss of income for Delft entrepreneurs due to delay in rehabilitation after an accident on the A13 near Delft-Noord.
- Non-material damage: Pain and suffering compensation for direct consequence of a bicycle accident on the historic Market in Delft, where pedestrian congestion complicates causality.
Burden of Proof and Experts in Delft Case Law
The injured party bears the burden of proof for causality, often with the help of medical experts from the Delft regional hospital network. Recent case law from the District Court of The Hague, Delft location, such as ECLI:NL:RBDHA:2023:5678, emphasizes a broad interpretation in cases of uncertain causality in local traffic accidents. This article helps personal injury lawyers in Delft in building strong files, tailored to the specific dynamics of this student city.