Liability Forfeiture in Cases of Gross Negligence Personal Injury
Gross or intentional fault leads to complete forfeiture of compensation. When does this apply in addition to the 50% rule?
Art. 6:106(2) BW: in cases of gross negligence, the claim is completely forfeited, even under 50%. Intent excludes everything.
Gross Negligence Defined
Drunk driving or dangerous driving behavior qualifies as 'consciously ignoring risk'.
Example: Drunk Cyclist
2 promille, collision: gross negligence, claim rejected despite 40% fault of the other party.
The court assesses on a case-by-case basis; appeal possible.