Causation (causaal verband) is the link required between the event that creates liability and the damage claimed. Under article 6:98 of the Dutch Civil Code (BW), only damage connected to that event in such a way that it can be attributed to the liable party is compensated. Without causation there is no claim for damages.
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How is causation tested?
In two steps. First, the factual test (condicio sine qua non): would the damage have occurred without the event? Second, the attribution test of article 6:98 BW: can the damage reasonably be attributed to the liable party as a consequence of the event?
What factors affect attribution?
Article 6:98 BW refers to the nature of the liability and of the damage. In practice courts consider:
- whether the breached rule was meant to protect against this damage;
- whether the damage was foreseeable or remote;
- whether the liability is fault-based or strict;
- whether it concerns physical harm or pure financial loss.
Breaches of safety rules are attributed more broadly than financial loss from a commercial contract.
Who must prove causation?
The claimant, under the general burden of proof. Collect evidence early: figures before and after, logs, correspondence and, if needed, an expert report. Where several parties could each have caused the damage, article 6:99 BW can make each of them liable unless they prove otherwise.
Frequently asked questions
What is loss of chance?
If it is uncertain whether you would have avoided the loss, a court may award compensation for the lost chance, valued as a percentage.
Does my own conduct matter?
Yes. If you also contributed, damages are reduced for contributory fault.
Related terms
Our civil law team helps you build or test the causal link in a damages claim. Want to know what this means for your situation? Book a free introductory meeting.
