nalatigheid

Nalati­gheid is a Dutch term that denotes a lack of due care, attention, or diligence in the execution of a task or duty. In everyday language it is used to describe careless or negligent behaviour that results in undesirable outcomes, such as accidents, damage, or loss. The concept is closely related to the English term “negligence” and appears in both civil and criminal contexts.

In Dutch law, nalatigheid is a key element in establishing liability. Civil liability (aansprakelijkheid) may arise when a party fails to meet the standard of care expected in a given situation, causing damage to another party. The injured party must generally prove that the defendant owed a duty of care, that this duty was breached through nalatigheid, and that the breach directly caused the loss. Fault‑based liability is distinguished from strict liability, where responsibility does not depend on negligence.

Criminal law also incorporates nalatigheid, particularly in offenses such as “nalatige doodslag” (negligent manslaughter) or “nalatige brandstichting” (negligent arson). Here, the perpetrator’s failure to observe a reasonable standard of care results in the creation of a dangerous situation that leads to serious harm or death. Penalties typically range from fines to imprisonment, depending on the severity and circumstances.

The assessment of nalatigheid often involves an objective test, comparing the conduct in question with the behaviour of a reasonably prudent person in similar circumstances. Professional standards, regulations, and industry guidelines can serve as benchmarks for evaluating whether a specific act constitutes negligence.