ECLI:NL:RBSHE:2009:BH2765
ECLI:NL:RBSHE:2009:BH2765
AI generated
Court allows tort claim against caretakers for negligence in failing to prevent illegal electricity theft at a cannabis farm.
Legislator summary
AI generatedThe court ruled in favor of Essent, ordering the defendants to pay damages for illegal electricity theft at a cannabis farm. While defendants argued they owed no duty as neither landlords nor tenants, the court found they had a general social duty of care to prevent known fraud. Consequently, the court held the defendants liable for their negligence in failing to stop the theft.
Legislator headnote
AI generatedCivil Code articles 6:162 and 6:163; A person who provides care for a property where illegal electricity theft is common owes a duty of care to the utility provider to prevent such fraud, and failure to do so constitutes a tort.
Keywords
AI generated
tort liability
duty of care
negligence
illegal electricity theft
cannabis cultivation
utility provider
social duty
Cited Legislation
AI generatedCivil Code articles 6:162 and 6:163
art. 6:163 BW