The appeal in the shooting incident in Alphen aan den Rijn: how justice prevailed and the genie was kept in the bottle

In the Tijdschrift voor Vergoeding Personenschade (TVP) 2018, number 3, one of our lawyers, Kirsten Maes, wrote the article "The appeal in the shooting incident in Alphen aan den Rijn: how justice prevailed and the genie was kept in the bottle".

On 27 March 2018, the Court of Appeal in The Hague held the police force liable for the personal injury and death damage suffered by victims and dependants due to the wrongful issue of a firearm certificate to Tristan van der V., after this liability had foundered before the District Court in The Hague on relativity grounds on an earlier occasion. This article discusses both rulings and compares the contrasting verdicts. The criticism that met the judgement in particular also prompts a review of the interrelated secondary liability issue. Because why did the District Court keep the liability door closed so frenetically and why did the Appeal Court nevertheless leave it open?

The article is part of Kirsten's doctoral degree on secondary liability of private parties and follows previous publications by Kirsten about this topic in the Tijdschrift voor Vergoeding Personenschade (TVP) in 2017 (no. 4) and in the Tijdschrift Aansprakelijkheid, Verzekering & Schade (AV&S) in 2016 (no. 2). You can contact Kirsten if you would like to know more about this topic or Kirsten's doctoral research.

You can download the full article below. Please note the article is only available in Dutch. You can of course contact the author of the article for more information. All of our attorneys-at-law speak fluent English and will be happy to help.

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