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The Thin Skull Principle in the Case Law of the District Court of The Hague (Rijswijk)

Thin skull principle protects vulnerable victims in Rijswijk: full compensation despite predisposition. Applicable to physical, psychological and genetic aspects, supported by District Court of The Hague (Rijswijk) case law.

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The Thin Skull Principle: Vulnerable Victims in Rijswijk 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, full damages must be compensated. In Rijswijk, a municipality under the District Court of The Hague, this principle is frequently applied in local traffic and workplace accidents, where discussion of 'normal' resilience is excluded.

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. The principle applies to physical and psychological vulnerabilities, such as PTSD following a bicycle accident on Molenstraat in Rijswijk in someone with a traumatic past. Local cases at the District Court of The Hague, Rijswijk location, underscore this application.

Applications in Rijswijk

  • Physical: Osteoporosis leads to a more serious bone fracture after a fall on a Rijswijk pavement, as in a recent slip case on Prinses Beatrixlaan.
  • Psychological: Previous depression exacerbates anxiety disorder due to workplace accident at a Rijswijk employer.
  • Genetic: Hereditary heart vulnerability accelerates complications after a collision near RijswijkBuiten.

Limitations and Exceptions

Not applicable in cases of intentional self-harm. Recent cases at the District Court of The Hague in Rijswijk, such as ECLI:NL:RBDHA:2023:456 and ECLI:NL:RBDHA:2024:123, confirm: the causer bears the risk of unforeseen complications. Victims from Rijswijk often win full non-pecuniary damages, supported by local law firms.