The Thin Skull Principle: Vulnerable Victims 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 prevents discussion about 'normal' resilience.
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 an accident in someone with a history of trauma.
Applications
- Physical: Osteoporosis leads to a more severe bone fracture.
- Psychological: Previous depression exacerbates anxiety disorder.
- Genetic: Hereditary conditions accelerate injury.
Limitations and Exceptions
Not applicable in cases of intentional self-harm. Recent cases, ECLI:NL:RBDHA:2023:456, confirm: the causer bears the risk of unforeseen complications. Victims often win full non-pecuniary damages.
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