Condicio sine qua non in personal injury cases: the 'but-for-the-accident' test in Rotterdam case law
Condicio sine qua non means 'condition without which not'. In Rotterdam personal injury cases at the District Court of Rotterdam (Wilhelminaplein 100-125), a claim is only awarded if the injury would not have occurred without the accident. This causality test is essential. At Juridisch Loket Rotterdam (Westblaak 180), you can get free advice.
The condicio sine qua non explained
This test checks whether the accident is the actual cause of the injury. Judges in Rotterdam ask: Would the victim have suffered the injury without the accident? If 'yes', the test fails, based on Supreme Court judgment HR 17 December 1965, NJ 1966/216.
Rotterdam example: bicycle accident on the Erasmus Bridge
Case: Pieter crashes his bicycle on the Erasmus Bridge and breaks his wrist. Medical evidence shows pre-existing osteoporosis. Question: would the fracture have occurred without the fall?
- Not satisfied: If osteoporosis would have caused a fracture within months, compensation is rejected or reduced by the District Court of Rotterdam.
- Satisfied: If the fall was the direct cause, the insurer pays out.
Difference with adequate causality
Condicio sine qua non is factual; adequate causality is legal and assesses normal consequences.
| Test | Definition | Rotterdam example |
|---|---|---|
| Condicio sine qua non | Accident is the sole cause. | Tram accident in Rotterdam-Centre causes whiplash in a fit person. |
| Adequate causality | Normal consequence. | Bicycle accident on Coolsingel leads to PTSD in someone with trauma history. |
Statutory basis in Rotterdam
No explicit statute, but applied via:
- Art. 6:101 BW: Liability for direct damage.
- Art. 6:162 BW: Compensation for direct injury cause.
- Supreme Court judgments: HR 17 December 1965 and recent Rotterdam rulings.
In Rotterdam cases, such as tram accidents, the court applies strict scrutiny. Consult District Court of Rotterdam or Juridisch Loket for case files.
Application at the District Court of Rotterdam
Judges weigh medical expert opinions heavily. In case of doubt: contra legem non ius dicere. Examples from local case law show reduction in cases of pre-existing conditions.