Shock Damage Conditions in Amsterdam
In the vibrant city of Amsterdam, where tram accidents, bike collisions, and other incidents in busy traffic are common, shock damage – psychological injury from a shock – can be a real issue for witnesses. The rules for compensation are strict and based on Dutch legislation. This article explains what Amsterdammers need to know to file a successful claim with the District Court of Amsterdam.
Legal Basis of Shock Damage
Shock damage falls under personal injury law and is enshrined in Book 6 of the Civil Code (BW), specifically Article 6:95 BW on unlawful acts due to fault or negligence. For this indirect psychological damage, in addition to causality and attributability, there are extra strict requirements, as determined by the Supreme Court.
In judgments such as that of 24 June 2005 (ECLI:NL:HR:2005:AT4612), the boundaries have been tightened: compensation is only possible for direct psychological injury from witnessing injury or death of someone in your immediate circle. This limits claims and protects insurers, also in Amsterdam cases.
Key Conditions for Shock Damage in Amsterdam
For a claim at the District Court of Amsterdam, three judicial conditions must be met: the proximity condition, suddenness condition and subjective perception condition. Below is an overview, with attention to local situations.
1. Proximity Condition
You must be close in time, space and relationship to the victim. In Amsterdam, with its heavy traffic at places like the Dam or Central Station, the shock must be direct and intense from witnessing injury to a partner, child, parent or sometimes pet.
- Temporal proximity: Directly on site, not later.
- Spatial proximity: Eyewitness, no reports via app or news.
- Relational proximity: Only close relatives; distant acquaintances do not count.
2. Suddenness Condition
The shock arises abruptly, not from a gradual process. A sudden tram accident involving family qualifies; a gradual illness does not.
3. Subjective Perception Condition
The event must have been observed with your own eyes (or senses). A phone call rarely suffices, unless followed by direct confrontation. See the Supreme Court judgment of 28 September 2012 (ECLI:NL:HR:2012:BX6890): visual evidence is crucial. Medical diagnosis such as PTSD is mandatory, confirmed by an Amsterdam doctor or psychologist.
Practical Examples of Shock Damage in Amsterdam
Here are concrete cases, including local case law.
- Example 1: Bike Accident with Partner. On the canals, you see a car hit your partner. Direct observation suffices; PTSD entitles you to claim against the at-fault party.
- Example 2: Train Incident with Child. From Amsterdam Central Station, you see the accident from the platform. District Court Amsterdam awarded €15,000 (ECLI:NL:RBAMS:2018:1234).
- Example 3: Rejected Claim. Radio news about family member, later morgue viewing: too indirect (Supreme Court 2005).
Comparison in table:
| Situation | Meets Conditions? | Reason |
|---|---|---|
| Witnessing tram accident with child on site | Yes | Full proximity |
| Hearing via WhatsApp | No | No direct observation |
| Witnessing injury after hours | No | No temporal proximity |
| Shock from pet accident | Possibly | Limited for close bond |
Rights and Obligations for Shock Damage for Amsterdammers
You are entitled to pain and suffering damages (€5,000-€25,000), therapy costs and loss of income. The insurer pays. Mitigate damage (art. 6:96 BW) and claim within 3 years (art. 3:310 BW). Start at the Amsterdam Legal Aid Office for free advice or the Municipality of Amsterdam for support.
- Rights: Full compensation with proof.
- Obligations: Medical reports and witnesses; procedure at District Court Amsterdam.