Condicio sine qua non in personal injury cases: the 'but-for-the-accident' test in Amsterdam
Condicio sine qua non is a Latin term that literally translates to 'condition without which not'. In Amsterdam personal injury case law, a damage claim is only successful if the injury would not have occurred without the accident. This test is essential for establishing causality in cases before the Amsterdam District Court. At the Amsterdam District Court, Parnassusweg 220, this condition is strictly assessed; if it is not met, the compensation may be rejected, even in cases of demonstrable damage.
What does condicio sine qua non entail?
The condicio sine qua non test checks whether the accident is the actual cause of the injury. Judges in Amsterdam ask: would the victim also have sustained the injury without this accident? A 'yes' means the test is not satisfied. This doctrine originates from Supreme Court rulings, such as HR 17 December 1965, NJ 1966/216, frequently applied in local cases.
Practical example in Amsterdam
Situation: Lisa trips over a loose pavement tile in Vijzelstraat and breaks her wrist. Medical evidence shows prior osteoporosis. Question: would the fracture have occurred without the fall?
- Yes, test not satisfied: If osteoporosis would have caused a fracture soon, the accident is not the unique cause. Compensation may be limited, see Amsterdam District Court rulings.
- No, test satisfied: If the fall was decisive, full compensation follows.
Difference with adequate causality
The condicio sine qua non differs from adequate causality (see here). The first is factual, the second legal-normative. In Amsterdam cases, the court combines both.
| Test | Definition | Amsterdam example |
|---|---|---|
| Condicio sine qua non | Accident is the sole cause. | Bicycle accident on Parnassusweg causes fracture in fit person. |
| Adequate causality | Normal consequence. | Tram accident leads to PTSD in person with anxiety history. |
Legal basis in Amsterdam context
The test is not literally in the law, but flows from case law at the Amsterdam District Court. Important grounds:
- Art. 6:101 BW: Liability for direct damage.
- Art. 6:162 BW: Compensation for direct injury cause.
- Supreme Court rulings: Such as HR 17 December 1965, applied in Amsterdam District Court first instance.
For free advice: visit the Amsterdam Legal Aid Office, Vijzelstraat 77. They assist with condicio sine qua non questions in injury cases.