Dutch court awards 70% liability to foundation for partner's asbestos death, noting pending co-defendant defense.
Netherlands (NL)
Legislator summary
AI generatedThe court ordered the Stichting Reserve to pay 70% of the damages claimed by the plaintiff, the partner of the deceased worker. The plaintiff's partner suffered mesothelioma after working with asbestos at NDSM, a company linked to the foundation's predecessor. The court determined that exposure at NDSM was more probable than at the co-defendant Duyvis, establishing a 70% probability of causation, while reserving the right to adjust this share if the co-defendant successfully defends against liability.
Legislator headnote
AI generatedArticles 6:106 BW, 6:107 BW, 6:108 BW; Where multiple potential tortfeasors are involved and the court assesses the probability of causation for each, it may assign a proportional share of liability based on the likelihood that the specific defendant's actions caused the damage, pending a final determination on other defendants' liability.