Causaal verband

Causal link / causation

Legally necessary connection between the damage-causing event and the damage suffered.

Thecausal link / causationis the legal link between the liability-creating event (such as an accident, medical error, or work circumstance) and the damage for which compensation is claimed. Without an established causal link, no compensation for damage.

Dutch law distinguishes two types:

In personal injury cases, causation is often the crux: apredisposition (predispositie)(for example a latent neck abnormality) does not exclude causal link / causation, but the Supreme Court of the Netherlands (Hoge Raad) applies thereversal rule (omkeringsregel)attributed — if a safety norm (veiligheidsnorm) is breached, causation is presumed, unless the liable party proves that the damage would also have arisen without fault.

The court ruled that sufficient causal link / causation existed between the accident and the chronic back complaints.

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