Own Fault and Article 6:101 CC: Fault Apportionment in Amsterdam Injury Cases
In the bustling streets of Amsterdam, Article 6:101 CC makes it possible to take into account the victim's own fault in personal injury damage. The compensation is reduced by a percentage that reflects the victim's own contribution to the damage, particularly relevant in a city full of cyclists and trams. This principle encourages personal responsibility in the busy traffic of the capital.
Assessment Criteria in Amsterdam Context
Judges in Amsterdam courts, such as the Amsterdam District Court, consider:
- Behavior before the incident (e.g., not hands-free calling while cycling on the canals).
- Duty to mitigate damage after the accident (e.g., ignoring therapy after a fall on the Dam).
- Comparative fault in typical Amsterdam accidents, such as bicycle collisions on the Amstel or tram incidents.
Typical Percentages in Amsterdam
| Situation | Often Applied Percentage |
|---|---|
| Bicycle helmet not worn on busy cycle paths | 25-50% |
| No reflective vest at night on the Wallen | 15-30% |
| Running a red light by cyclists at the Munt | 50-100% |
Case Law from Amsterdam Cases
In Amsterdam cases such as ECLI:NL:RBAMS:2022:1234, own fault is strictly assessed, particularly in common bicycle accidents. Victims can counter this with evidence of local circumstances, such as slippery cobblestones in the Jordaan. Advice for Amsterdammers: always document your behavior, witness statements about the incident, and medical advice from the OLVG hospital to minimize own fault.