Eigen schuld
Contributory negligence (eigen schuld)
Contributory negligence means the victim themselves contributed to the occurrence or extent of their damage, which can reduce the compensation.
Contributory negligence
Contributory negligence ('eigen schuld') means that an injured party themselves contributed to the occurrence or aggravation of their damage. Under Article 6:101 BW the liable party's duty to compensate is then reduced in proportion to the extent the victim's conduct contributed to the damage. Only if fairness requires a different apportionment — for example because of a large difference in the seriousness of the faults — may the court deviate.
Main features
Practical examples
Practical consequences
An established contributory-negligence percentage directly lowers the final compensation. At 30% contributory negligence the victim receives only 70% of the assessed damage. The burden of proving contributory negligence lies with the liable party.
“The court held that the cyclist was 25% contributorily negligent because he rode without a helmet, making his head injury more serious than it would otherwise have been.”
Source: AI
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