Kansschade

Loss of a chance ('kansschade') compensates the loss of a realistic opportunity for a better outcome that was lost due to a fault.

The doctrine applies when it is established that a fault was made, but it remains uncertain whether the favourable outcome would have been achieved without that fault. Examples:

The court estimates the size of the lost chance and compensates the damage according to that percentage. Loss of a chance differs from proportional liability: loss of a chance concerns a missed chance of a benefit, while proportional liability concerns uncertainty about the cause of damage that has already occurred.