Exceptions to the 50% Rule in Personal Injury Cases

Exceptions to the 50% Rule in Personal Injury Cases

The 50% rule has important exceptions, such as in cases of force majeure or specific situations. Discover when you can still claim compensation despite your own liability of 50% or more.

Although Article 6:106 of the Dutch Civil Code is strict, there are exceptions to the 50% rule. In cases of force majeure or if the counterparty acted recklessly, the court may deviate. Also in the case of minor traffic violations or for vulnerable road users such as children, a milder application sometimes applies.

When Does an Exception Apply?

A common exception is in professional liability. If your employer was negligent in safety regulations, the 50% threshold may not be decisive. The Supreme Court ruled in cases such as ECLI:NL:HR:2018:123 that causality remains decisive. In cases of medical errors with own non-compliance, the court weighs individual circumstances.

Example: Children and Young People

A 14-year-old cyclist ignores a stop sign (50% fault), but the motorist is not paying attention. Courts often apply the rule leniently due to age, resulting in partial compensation.

Advice: Gather evidence of exceptions and engage a personal injury lawyer to claim your rights.