Imputation of Damage according to Article 6:98 DCC: Practical Application
Article 6:98 DCC forms the core of the imputation of damage in Dutch liability law. This provision states that only the damage that is directly the consequence of the unlawful act must be compensated. Courts weigh all circumstances to determine which damage can reasonably be imputed to the perpetrator.
The Role of Causality
In the assessment, the conditio sine qua non plays a crucial role: would the damage have occurred without the act? This is followed by a normative test of reasonableness and fairness. For example, in product liability, damage is only imputed if the defect is the main cause.
Practical Examples
- Medical interventions: Only complications due to negligence are imputed.
- Economic damage: Loss of income due to delay in rehabilitation.
- Non-material damage: Compensation for pain and suffering in direct consequence of the incident.
Burden of Proof and Experts
The injured party bears the burden of proof for causality, often with the help of medical experts. Recent case law, such as ECLI:NL:RBAMS:2022:1234, emphasizes a broad interpretation in cases of uncertain causality. This article helps personal injury lawyers in building strong files.
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