Proportionele aansprakelijkheid

Proportional liability is a doctrine for situations where it is uncertain whether the damage was caused by the fault of the party addressed or by another cause (for example a pre-existing condition or the victim's own conduct).

Instead of an all-or-nothing approach, the court apportions the damage according to the degree of probability that the fault was the cause. With an estimated probability of 60%, 60% of the damage is then compensated.

The Dutch Supreme Court introduced this in the Nefalit/Karamus judgment (2006). Its application requires restraint: there must be a realistic chance of a causal link, neither too small nor too large. The doctrine plays a role mainly in occupational diseases and complex medical causation.