Liability for Psychological Harm to Third Parties
Psychological harm suffered by witnesses or relatives (e.g., shock damage) is compensable under the strict conditions of Article 6:106 of the Dutch Civil Code (BW). This pertains to 'affection damage' or PTSD resulting from witnessing an accident.
Conditions for Liability
- Close involvement: Partner, child, or parent.
- Serious psychological disorder: Diagnosed PTSD or depression.
- Direct perception: Harm experienced through one's own eyes or ears.
Case Law
Rulings by the Dutch Supreme Court limit claims to a narrow circle; typical compensation ranges from €10,000 to €30,000. In cases of disasters such as MH17, broader compensation may apply. Claims should be filed via a personal injury lawyer with a psychiatric report.
Challenge: Proving causality without physical injury is difficult.