Tag Archives: strict liability

Dutch Strict Liability Myth

A commenter on Facebook made a statement which is often heard in the USA:

“A Dutch lady said they have so few hurt because drivers are guilty unless they can prove they weren’t.”

Well, this doesn’t quite amount to fake news as such. I don’t expect that there was any intention to deceive, but it is hearsay.

The actual situation with liability in the Netherlands is more complicated, as described in the flow chart below, from a Bicycle Dutch blog post — which cites the Dutch traffic law, in case you would like to take your exploration of the topic further. You may click on the image to enlarge it.

Dutch strict liability flow chart

Dutch strict liability flow chart

I’m simplifying somewhat, but Dutch strict liability works much like no-fault auto insurance in the USA, and applies only to compensation for injuries, not to penalties.