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Own Fault and Article 6:101 BW in Injury Cases

Article 6:101 BW apportions fault when the victim contributes. Percentages vary by situation, such as helmet use or duty to mitigate damage. Case law provides guidelines for reduction of compensation.

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Own Fault and Article 6:101 BW: Fault Apportionment in Practice

Article 6:101 BW makes it possible to take into account the victim's own fault in cases of personal injury. The compensation is reduced by a percentage that reflects the victim's own contribution to the damage. This principle promotes personal responsibility.

Assessment Criteria

Courts consider:

  • Behavior prior to the incident (e.g., not using hands-free calling).
  • Duty to mitigate damage after the accident (e.g., ignoring therapy).
  • Comparative fault in traffic accidents.

Typical Percentages

SituationOften Applied Percentage
Helmet not worn25-50%
Seatbelt not worn15-30%
Speeding50-100%

Case Law

In cases such as ECLI:NL:HR:2021:567, own fault is assessed strictly. Victims can counter this with evidence of necessity. Advice: always document your behavior and medical advice to minimize own fault.

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