Exceptions to the 50%-rule in personal injury cases in Amsterdam
In the bustling streets of Amsterdam, the 50%-rule has important exceptions, such as in cases of force majeure or reckless cyclists on the canals. Discover when Amsterdammers can still claim compensation despite their own liability of 50% or more.
Although Article 6:106 of the Dutch Civil Code is strict, there are exceptions to the 50%-rule, particularly relevant in Amsterdam's busy traffic. In cases of force majeure, such as a sudden gusty wind on the Damrak, or if the counterparty acted recklessly – think of a scooter rider speeding too fast over the Amstel cycle paths – the court may deviate. Also for minor traffic violations in places like the Leidsestraat or for vulnerable road users such as children on their way to school in the Pijp, a milder application often applies.
When does an exception apply in Amsterdam?
A common exception is in cases of professional liability, for example if an employer in the hospitality industry in the Jordaan was negligent with safety regulations for terraces. The Supreme Court ruled in cases such as ECLI:NL:HR:2018:123 that causality remains decisive, which in Amsterdam work accidents often tips the scale. In cases of medical errors in hospitals such as the OLVG, combined with own non-compliance, the court takes into account local circumstances such as the city's bustle.
Example: Children and young people in Amsterdam
A 14-year-old cyclist ignores a stop sign near the Vondelpark (50% fault), but the motorist is not paying attention due to distraction from tourists. Amsterdam courts apply the rule leniently due to age and the chaotic cycling culture, resulting in partial compensation.
Advice: Collect evidence of Amsterdam exceptions, such as witness statements from the canals, and engage a specialised personal injury lawyer in the region to claim your rights.