Will there be a class action against Tata Steel?

Tata Steel is one of the largest polluters of the Netherlands. The residents of IJmuiden, where its factory is based, have been complaining about health concerns for a long time.

A study by the RIVM, a Dutch organization that conducts research into the health situation in the Netherlands, shows that there is a direct link between health problems and dissatisfaction on the one hand and the presence and emissions of Tata Steel on the other.

For example, the RIVM research shows that residents near the factory have an increased risk of becoming ill due to emissions from the Tata Steel site. In order to improve the situation, a reduction in nuisance and emissions is necessary.

Can Tata steel be held liable?

The situation surrounding Tata Steel therefore causes health problems. The question now is whether the steel company can also be held liable for the personal injury suffered by local residents. For example, a personal injury lawyer like Letselschade advocaat Den Haag or a personal injury lawyer like letselschade advocaat Eindhoven) can successfully submit a personal injury claim.

In the Netherlands you can file a personal injury claim if someone acts unlawfully and causes damage to someone else. In the Netherlands, the unlawful act is regulated in the Civil Code, namely in Article 6:162 of the Dutch Civil Code. The first 2 articles of this read:

Article 6:162 paragraph 1 of the Dutch Civil Code: “Anyone who commits an unlawful act against another, which can be attributed to him, is obliged to compensate the damage that the other suffers as a result.”

Article 6:162 paragraph 2 of the Dutch Civil Code: “Tortious acts are defined as an infringement of a right and an act or omission that is contrary to a legal obligation or to what is appropriate in society according to unwritten law, all this except for the presence of a justification.”

Tata Steel may therefore be liable if it has acted unlawfully. Whether this is the case will have to be assessed by the court.

Will there be a claim for damages against Tata Steel?

Meanwhile, 2,000 residents of Tata Steel have indicated that they want compensation from the Dutch steel factory. They indicate that they experience a lot of nuisance and damage due to noise, poor quality and dust.

The chance of a successful personal injury claim against Tata Steel is not unthinkable. Especially now that the RIVM has indicated that the Dutch steel company is indeed experiencing inconvenience.

It is not yet known whether this will ultimately lead to legal proceedings. There is a good chance now that 2,000 local residents have united and plan to file a mass claim. They are helped by a personal injury lawyer in Amsterdam.

The future will tell us whether a personal injury claim will result. What is certain is that something will have to change in the situation. But will Tata Steel become more sustainable and cleaner so that residents can live healthily? Then there is a question that cannot be answered at this time.