Liability for Psychiatric Damage to Third Parties in Rijswijk
In Rijswijk, a vibrant municipality near The Hague, we are seeing an increase in psychiatric damage claims by third parties, such as shock damage following traffic accidents on the A4 or in the In de Bollenstreek neighbourhood. Such 'affect damage' or PTSD from witnessing incidents is compensable under the strict conditions of Article 6:106 of the Dutch Civil Code.
Conditions for Liability in Rijswijk
- Close involvement: Partner, child or parent, often residing locally near the incident.
- Serious psychiatric disorder: Diagnosed PTSD or depression, confirmed by The Hague psychiatrists.
- Direct perception: Damage experienced through one's own eyes or ears, such as in a collision on Godfried van Bouillonlaan.
Case Law and Local Cases
Supreme Court rulings, such as ECLI:NL:HR:2006:AV2265, limit claims to the close circle; typical compensations €10,000-€30,000. In Rijswijk, broader in incidents such as the bus disaster near Hollandsche Rading or local cycling accidents. In larger disasters like MH17, this may expand. Start a claim via a Rijswijk personal injury lawyer with a psychiatric report from a regional expertise centre.
Challenge: Proof of causation without physical injury remains difficult, especially on busy Rijswijk roads. Local courts in The Hague assess this strictly.