Condicio sine qua non in personal injury cases in Westland: the 'without-the-accident' test
Condicio sine qua non literally means 'condition without which not'. In the personal injury case law of District Court of The Hague (district Westland), a damage claim is only upheld if the injury would not have occurred without the accident. This test is essential for establishing causality. At Juridisch Loket Westland, you can get free advice on this matter. If the condicio is not satisfied, compensation may be rejected, despite damage suffered.
What does condicio sine qua non entail for Westland?
This legal test checks whether the accident is the actual cause of the injury. Judges in the district of The Hague, including Westland, pose the question: Would the victim have sustained the injury without the accident? Answer 'yes' means that the condicio sine qua non fails. It is both a factual and legal hurdle for liability.
The test originates from rulings of the Supreme Court, such as HR 17 December 1965, NJ 1966/216. In it, the Court ruled that compensation applies exclusively to direct consequences of the accident, a principle applied locally in Westland cases.
Practical example in Westland
Case: A resident of Westland falls off a bicycle and breaks an arm. Medical evidence shows a pre-existing fragile bone structure. Question: would the fracture have occurred without the fall?
- Yes, condicio not satisfied: If doctors establish that a fracture was inevitable in the near future due to bone weakness, then the accident is not the decisive cause. Compensation may be limited or denied by the District Court of The Hague.
- No, condicio satisfied: Without influence of bone weakness and purely caused by the accident, full compensation follows.
Difference with adequate causality
The condicio sine qua non differs from adequate causality (see here). Adequate causality tests whether damage typically follows from the accident; condicio is purely factual, adequate more legally normative.
| Test | Definition | Westland example |
|---|---|---|
| Condicio sine qua non | Accident is the unique cause of damage. | Bicycle accident in Westland leads to fracture in fit person. |
| Adequate causality | Damage is predictable consequence. | Accident causes PTSD in person with anxiety history. |
Statutory basis in Dutch and Westland context
The test is not literally in statutes, but is rooted in case law of District Court of The Hague. Important provisions:
- Art. 6:101 BW: Liability for direct damage due to act or omission.
- Art. 6:162 BW: Compensation for injury only in case of direct causality.
- Supreme Court rulings: Such as HR 17 December 1965, NJ 1966/216, leading in Westland cases.
Consult Juridisch Loket Westland for local advice or initiate proceedings at the District Court of The Hague.