Liability Forfeiture in Cases of Gross Negligence for Personal Injury in Leiden
In Leiden, gross or intentional fault leads to complete forfeiture of your personal injury claim. When does this apply in addition to the 50%-rule, especially on busy routes such as Breestraat?
Art. 6:106(2) BW: in cases of gross negligence, the claim is completely forfeited, even if you are under 50% at fault. Intent excludes any compensation, also in local traffic accidents around Leiden University.
Gross Negligence Defined in Leiden Context
In the bustling city center of Leiden, with many cyclists and students, drunk cycling, riding under influence on the canal paths or reckless behavior on Rijnstraat qualifies as 'consciously ignoring risk'. The District Court of The Hague, competent for Leiden, applies strict standards.
Example: Drunk Cyclist on Breestraat
A cyclist with 2 promille alcohol crashes into a car on Breestraat: gross negligence established, claim completely rejected despite 40% fault of the motorist. Based on recent cases at the subdistrict court in Leiden.
Example: Reckless Scooter Rider near Pieterskerk
Scooter without helmet and too fast over cobblestones near Pieterskerk: personal injury claim forfeited due to gross negligence, even with shared fault under 50%.
The judge assesses each case individually, taking into account Leiden's traffic congestion; appeal to the Court of Appeal in The Hague is possible.