What is contributory negligence (eigen schuld) under Dutch law?

Dutch term: Eigen schuld | Legal basis: Article 6:101 BW

Contributory negligence (eigen schuld) under article 6:101 of the Dutch Civil Code reduces the damages award when the injured party's own conduct contributed to the damage. The court allocates the damage between the parties based on the extent to which circumstances attributable to each party contributed to the loss.

The assessment is a two-step process. First, the court determines the causal contribution of each party's conduct. Second, the court may adjust the allocation on the basis of the equity correction (billijkheidscorrectie), taking into account the relative blameworthiness of the parties and other circumstances. The equity correction can increase or decrease the claimant's share compared to the strict causal allocation.

Why it matters for international businesses

For defendants in Dutch commercial disputes, contributory negligence is an important defensive argument, particularly in non-conformity and product liability claims where the buyer failed to inspect, mitigate or notify in a timely manner.