Causation

Causation determines whether a loss is sufficiently connected to the defendant’s conduct to justify liability. Swiss law commonly distinguishes natural causation, asking whether the conduct was a necessary condition of the harm in fact, and adequate causation, asking whether it was generally suitable, according to ordinary experience, to bring about such harm. Comparative systems often use similar ideas through factual causation, proximate cause, remoteness or scope of liability. Difficult issues arise with multiple causes, omissions, pre-existing conditions, loss of chance and intervening acts by victims or third parties. The claimant normally bears the burden of proving causation, although evidentiary standards and presumptions may vary by field. Even proven breach or fault does not create liability without legally relevant causation.