Omkeringsregel
Reversal rule
The omkeringsregel is an evidentiary rule in Dutch tort law under which the burden of proof regarding causation is reversed where a norm intended to prevent the damage has been breached.
The reversal rule provides that the injured party is not required to prove that the breach of the norm caused the damage. Instead, the burden shifts to the party in breach to establish that the damage would have occurred even in the absence of the infringement.
This rule is relevant because it strengthens the evidentiary position of the injured party in cases where causation is difficult to prove. It applies in tort, particularly where safety or traffic standards have been breached.
In practice, the reversal rule is regularly invoked in traffic cases and medical liability matters, with the court examining whether the breached standard was intended to protect against the type of damage that occurred.
“The court applied the reversal rule, thereby placing the burden on the defendant to prove that the injury would also have occurred absent the excessive speed.”
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