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Condicio sine qua non in personal injury: Factual and legal limits of the 'but-for-the-accident' test

Discover the condicio sine qua non test in personal injury at the District Court of The Hague, Leiden Location: factual causality and legal limits of 'but-for-the-accident'.

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Condicio sine qua non in personal injury: the 'but-for-the-accident' test in Leiden

Condicio sine qua non literally means 'condition without which not'. In Dutch tort law, including cases at the District Court of The Hague, Leiden Location, a claim is only upheld if the injury would not have occurred without the accident. This causal test is essential for causality. Failure of the test may result in rejection of compensation, despite proven damage.

Meaning of condicio sine qua non

This test checks whether the incident constitutes the actual cause of the injury. Judges in Leiden ask: Would the victim have suffered the injury without the accident? A 'yes' means no condicio sine qua non. Based on Supreme Court case law, such as HR 17 December 1965, NJ 1966/216, it requires direct causal connection.

Practical example

Case: In Leiden, Marie cycles and breaks her wrist. Medical evidence shows pre-existing osteoporosis. Question: would the fracture have occurred without the fall?

  • Not satisfied: In case of high probability of spontaneous fracture within a short time, no compensation or reduction due to non-exclusive causality.
  • Satisfied: If the fall was the decisive factor, full award.

Difference with adequate causality

The condicio sine qua non is purely factual; adequate causality (see here) assesses typical consequences legally.

TestDefinitionExample
Condicio sine qua nonAccident as unique cause.Cycling fall in Leiden causes fracture in fit person.
Adequate causalityPredictable consequence.Fall leads to PTSD in vulnerable resident of Leiden.

Statutory basis

Not literally in the law, but enshrined in case law. Key provisions:

  • Art. 6:101 BW: Liability for direct damage.
  • Art. 6:162 BW: Compensation for direct injury cause.
  • Supreme Court judgments: Including HR 17 December 1965 and later cases at the District Court of The Hague, Leiden Location.

Local advice: For injury in Leiden, consult Juridisch Loket Leiden, Stationsweg 46, or litigate via District Court of The Hague, Leiden Location.