Legislator Case Law & Legislation
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.

Case Number ECLI:NL:RBSHE:2009:BH2765
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Civil 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 generated
Civil Code articles 6:162 and 6:163
art. 6:163 BW

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