Abstract: The central issue of this case note is how the civil liability of expert witnesses is dealt with by Dutch law. According to Dutch law, there is neither immunity for expert witnesses nor a statutory limitation to their liability. A distinction is drawn between two types of expert witnesses: expert witnesses that are contracted by one or more of the parties to a conflict and expert witnesses that are appointed by court. The distinction between the party expert witness and the court-appointed expert witness determines the regime that governs the liability of the expert witness: contract law or tort law, respectively. In determining the liability of the expert witness, one should distinguish between different types of damages. Both a party expert witness and a court-appointed expert witness can limit their liability contractually. In most cases, expert witnesses who are being sued can successfully escape liability by invoking the defence of contributory negligence. There is no evidence that exposure to liability negatively influences the willingness to be appointed or contracted as an expert witness.
European Review of Private Law