The Thin Skull Principle: Vulnerable Victims in Rotterdam Fully Protected
The thin skull ('thin skull') principle means that the perpetrator must take the victim as they are. Even in cases of increased vulnerability due to pre-existing conditions, the full damage must be compensated. This principle is particularly relevant in the bustling port city of Rotterdam, where heavy traffic and industrial activities lead to frequent accidents involving vulnerable citizens.
Legal Basis
Based on Article 6:162 of the Dutch Civil Code (BW) and case law such as Supreme Court 19 May 1993, NJ 1993/597, and recent rulings from the District Court Rotterdam. The principle applies to physical and psychological vulnerabilities, such as PTSD following a collision on the Erasmus Bridge in someone with a traumatic past from the Rotterdam docks.
Applications in Rotterdam Context
- Physical: Osteoporosis leads to a more severe bone fracture after a fall on a busy Rotterdam quay, as in Maasvlakte incidents.
- Psychological: Pre-existing depression exacerbates anxiety disorder after a bicycle accident in the city centre, near the Markthal.
- Genetic: Hereditary conditions accelerate injury in a workplace accident in the port, where heavy loads increase risks.
Limitations and Exceptions
Not applicable in cases of intentional self-harm. Recent Rotterdam cases, such as ECLI:NL:RBDHA:2023:456 and ECLI:NL:RBROT:2024:123 concerning a dockworker with pre-existing back complaints, confirm: the causer bears the risk of unforeseen complications. Victims in Rotterdam often win full non-pecuniary damages, including compensation for rehabilitation in local clinics.