Eigen schuld
Own fault
Contributory negligence is the situation in which the injured party contributes to the occurrence or the extent of the damage he suffers.
Contributory negligence is a concept from Dutch liability law, governed by Article 6:101 BW. It provides that compensation for damage shall be reduced or even extinguished where the damage was also caused by a circumstance attributable to the injured party.
The rule is relevant in that it prevents a party from receiving full compensation where that party is (partly) responsible for the damage. This promotes an equitable allocation of burdens between the parties.
In practice, contributory negligence is frequently applied in traffic accidents, medical liability cases and contractual disputes, with the court determining the degree of contributory negligence and adjusting the award accordingly.
“The court awarded only half of the damages claimed due to the plaintiff's contributory negligence in the accident.”
Related articles
Need legal advice?
Schedule a free consultation with one of our specialists