Condicio sine qua non in Personal Injury Cases in Tilburg: the 'But for the Accident' Test
Condicio sine qua non is a Latin term meaning 'condition without which not.' In personal injury case law around Tilburg, a damage claim only succeeds if the injury would not have occurred without the accident. This test is essential for establishing causality in cases handled by the District Court of Zeeland-West-Brabant, Wilhelminapark 100, Tilburg. If the condicio sine qua non fails, compensation is often rejected, even with proven damage.
What Does Condicio Sine Qua Non Mean for Victims in Tilburg?
This legal test checks whether the accident is the actual cause of the injury. Judges in Tilburg ask: Would the victim have suffered the injury without the accident? A 'yes' means the test is not satisfied. The doctrine stems from Supreme Court rulings, such as HR 17 December 1965, NJ 1966/216, which require direct causality.
Practical Example from Tilburg
Situation: Marie is cycling on Spoorlaan in Tilburg and falls, breaking her wrist. Medical evidence shows pre-existing osteoporosis that increased fracture risk. Would she have broken it without the fall?
- Yes, test not satisfied: If doctors determine that the fracture was inevitable within months due to bone weakness, the accident is not the main cause. Compensation may be reduced at the Court in Wilhelminapark.
- No, test satisfied: Without osteoporosis influence, the accident is the direct trigger, leading to full compensation.
Difference with Adequate Causality
The condicio sine qua non is factual; adequate causality is legal and assesses typical consequences (see adequate causality).
| Test | Definition | Tilburg Example |
|---|---|---|
| Condicio sine qua non | Accident is the unique cause. | Bike fall on Heuvelstraat causes fracture in fit person. |
| Adequate causality | Damage is a typical consequence. | Car accident on Ringbaan-Zuid leads to PTSD in vulnerable cyclist. |
Legal Basis in Dutch and Tilburg Context
The test is absent from statutes but dominates case law. Key Civil Code articles:
- Art. 6:101 BW: Liability for direct damage caused by conduct.
- Art. 6:162 BW: Compensation for direct injury cause.
- Supreme Court rulings: Such as HR 17 December 1965, applied in local cases.
Victims in Tilburg can seek free advice at the Juridisch Loket Tilburg, Spoorlaan 364.
Application at District Court of Zeeland-West-Brabant
The court at Wilhelminapark 100 applies strict 'but for the accident' tests. In recent cases, causality was disputed in pre-existing conditions, with expert reports decisive.