Liability Forfeiture in Cases of Gross Negligence for Personal Injury in Delft
In Delft, gross or intentional fault leads to complete forfeiture of your personal injury claim. Difference with the 50%-rule and practice examples from the region.
Art. 6:106(2) BW: in cases of gross negligence, the claim is completely forfeited, even if the other party is more than 50% at fault. Intent excludes any compensation.
Gross Negligence Defined in Delft Context
In the bustling streets of Delft, with many cyclists around the TU and the city center, drunk cycling, dangerous overtaking on the Phoenixstraat or ignoring a red light qualifies as 'consciously ignoring risk'. Local judges strictly monitor traffic safety in this student city.
Example: Drunk Cyclist on the Rotterdamseweg
A cyclist with 2 promille alcohol crashes into a car on the busy Rotterdamseweg in Delft: gross negligence established, claim completely rejected despite 40% fault of the motorist who was speeding.
Example: Dangerous Scooter Rider near Markt
Scooter rider ignores one-way traffic on the Oude Delft, causes collision: District Court of The Hague ruled gross negligence, no compensation despite shared fault by pedestrian.
The judge in the Rotterdam-The Hague region assesses each case individually, taking into account local circumstances such as heavy cycle path traffic. Appeal is possible via the Court of Appeal.