Imputation of Damage according to Article 6:98 DCC: Amsterdam Practice
In the vibrant metropolis of Amsterdam, Article 6:98 of the Dutch Civil Code (DCC) forms the core of damage imputation in Dutch liability law. This provision stipulates that only damage directly resulting from the unlawful act is compensable. Judges of the Amsterdam District Court weigh urban circumstances, such as heavy traffic on the canals and bike paths, to determine which damage can reasonably be attributed to the tortfeasor.
The Role of Causality in Amsterdam
Central is the conditio sine qua non: would the damage have occurred without the unlawful act? This is followed by a normative test of reasonableness and fairness, adapted to the Amsterdam context. In product liability cases in the city center, such as defective e-bikes, damage is only imputed if the defect is the main cause of a fall on the Damrak.
Amsterdam Practice Examples
- Medical procedures at OLVG: Only complications due to negligence during emergency surgeries in the eastern part of the city are imputed.
- Economic damage from canal accidents: Loss of income for entrepreneurs following collisions with sightseeing boats on the Herengracht.
- Non-material damage: Pain and suffering compensation for cyclists after collisions on the busy Ceintuurbaan, directly caused by the incident.
Burden of Proof and Experts in the Region
The injured party must prove causality, often with medical experts from the AMC. Recent case law from the Amsterdam District Court, such as ECLI:NL:RBAMS:2023:5678 regarding a fall near Central Station, emphasizes a broad interpretation in cases of uncertain causality in urban accidents. This article supports Amsterdam personal injury lawyers in building robust files for local courts.