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Consequential damages
Derivative damage is the loss suffered by a third party as a consequence of the primary damage sustained by the victim, for example in cases of personal injury or death.
Derived damage refers to pecuniary or non-pecuniary loss that is not suffered directly by the victim, but by third parties, usually family members. Under Dutch tort law, such loss is recoverable pursuant to Articles 6:107 and 6:108 of the Dutch Civil Code, which create an exception to the principle of relativity.
The provisions are significant in that they enable surviving relatives or carers to recover their own financial or emotional loss from the party liable in tort. Absent these rules, third-party loss would remain inadequately compensated.
In practice, derived damage commonly arises in traffic accidents and medical liability cases, where courts scrutinise the quantum of recovery against the statutory requirements.
“The husband claimed derivative damages for loss of household assistance following his wife's fatal accident.”
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