Proportional liability plays an important role in liability law, especially when there is uncertainty about the cause of the damage. In such situations, injured parties often wonder whether they are (partly) entitled to compensation. Moreover, discussions with insurers regularly arise about evidence and risk allocation.

In this article, we therefore clearly explain how proportional liability works, when the court applies it, and what this concretely means for your damages claim. You will also learn which steps you can take to strengthen your position.

What is meant by proportional liability?

With proportional liability, a party that is held liable does not have to compensate the full damage, but only a portion of it. That share depends on the probability that the conduct of that party actually led to the damage.

This approach is applied when it is established that damage has occurred, but it remains uncertain whether that damage was fully caused by a single cause. This creates room for a balanced allocation of liability.

Why does this doctrine exist?

Normally, an injured party must demonstrate that their damage was directly caused by the other. If that proof fails, no compensation follows. However, in some situations that proof can simply no longer be provided.

Therefore, the courts have developed a corrective mechanism. On the one hand, this prevents a victim from being left completely empty-handed. On the other hand, it prevents the party being held liable from having to pay for more damage than is reasonable.

When does the judge apply proportional liability?

The judge applies proportional liability sparingly. In doing so, the judge assesses, among other things:

• whether it is established that damage has occurred;
• whether a norm has been violated;
• whether there is uncertainty about the causal link;
• whether a complete dismissal would be unreasonable.

Only when these circumstances come together can partial liability be assumed.

Application in personal injury

In personal injury cases, this doctrine occurs regularly. Consider, for example, medical situations in which multiple causes are possible, or occupational diseases in which both work-related and personal factors play a role.

In precisely these kinds of complex damage cases, an apportionment of liability offers a reasonable solution. You can find more general information on our page personal injury lawyer.

What does this mean for your compensation?

When the court opts for partial compensation, you do not receive full compensation, but a percentage of it. That percentage reflects the likelihood that the damage was caused by the party held liable.

If, for example, the court sets that probability at 60%, the liable party must also compensate 60% of the damage. While this is not always ideal, it prevents you from receiving nothing at all.

How does the court determine the percentage?

The court looks at all available information. Medical reports, expert opinions, and statistical data often play a role. The court also weighs the seriousness of the breach of the standard and the presence of alternative causes.

Because every case is different, there is no fixed formula.

Difference from contributory negligence

Partial liability is often confused with contributory negligence. Yet they involve different situations. In cases of contributory negligence, it is established that the other party’s conduct caused the damage, but the victim also contributed to its occurrence.

With proportional liability, by contrast, it is uncertain whether the conduct of the party being held liable actually caused the damage.

You can read more about this on our page liability in traffic accidents.

Evidentiary problems and uncertain causal link

An important reason for applying proportional liability is the existence of evidentiary problems. Sometimes reality can no longer be reconstructed exactly afterward. In that case, this doctrine offers a practical solution.

Frequently asked questions

Am I always entitled to partial liability?

No. The court applies this only when a complete dismissal of the damages claim would be unacceptable.

Does this only apply to personal injury?

No. Although it often occurs in personal injury cases, it can also play a role in other types of civil damages.

What is the role of the insurer?

Insurers regularly dispute this doctrine. That is precisely why legal guidance is important.

What can you do yourself?

When proportional liability may be involved, good preparation is essential. Therefore, gather all relevant information, engage experts in a timely manner, and have your case legally reviewed.

You can find more practical information on our page claiming compensation.

Will legal assistance cost me money?

In personal injury cases, the costs of legal assistance are usually recovered from the liable party. As a client, you do not face any financial risk overall.

Why choose Arslan Advocaten?

We have extensive experience with complex liability matters in which uncertainty about causation plays a role. We think strategically, communicate clearly, and are committed to achieving the most favorable possible outcome.

You can find more general information about liability law at the Government of the Netherlands.

Would you like to know whether this doctrine may apply to your case? Feel free to contact us for a no-obligation assessment.