Omkeringsregel
Reversal rule (omkeringsregel)
The reversal rule eases the victim's burden of proof for the causal link when a safety norm has been breached.
The reversal rule ('omkeringsregel') is an evidentiary rule developed by the Dutch Supreme Court that helps the victim prove the causal link between a fault and the damage.
If a norm has been breached that is specifically intended to prevent a certain danger, and exactly that danger has materialised, the causal link is presumed to exist. The party addressed must then prove that the damage would also have occurred without the breach of the norm.
Its application is nuanced; a specific, protective norm must have been breached.
“Because a safety norm was breached, the victim successfully invoked the reversal rule.”
Source: handmatig
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