Liability for Psychiatric Damage to Third Parties in Amsterdam
In the bustling streets of Amsterdam, where traffic accidents on the canals and bike paths often lead to psychiatric damage to witnesses or relatives (e.g., shock damage), compensation is possible under the strict conditions of Article 6:106 of the Dutch Civil Code (BW). This includes 'affection damage' or PTSD from directly witnessing incidents such as collisions on the Amstel or near the Westerkerk.
Conditions for Liability in the Amsterdam Context
- Close involvement: Partner, child or parent, such as families in the Jordaan who see a loved one perish in an accident.
- Serious psychiatric disorder: Diagnosed PTSD or depression, often treated by specialists at Amsterdam UMC.
- Direct perception: Damage experienced through one's own eyes or ears, for example in a collision on the busy Ceintuurbaan.
Relevant Case Law and Amsterdam Practice
The Supreme Court ruling (ECLI:NL:HR:2005:AT5178) limits claims to the close circle of involved parties; typical compensations range between €10,000 and €30,000. In Amsterdam cases, such as bicycle accidents on the Prinsengracht or tram incidents at Central Station, we see stricter scrutiny. In larger incidents, comparable to Amsterdam port disasters, the circle may be broader. Victims often engage personal injury lawyers from the region, such as at De Brauw Blackstone Westbroek, with a substantiated psychiatric report from the Arq National Psychotrauma Centre.
Challenge in Amsterdam: Proving causality without physical injury is difficult, especially given the high density of witnesses in a city with 800,000 inhabitants and intensive traffic.