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The Thin Skull Principle in Delft Case Law

Thin skull principle protects vulnerable victims in Delft: full compensation despite predisposition. Applicable to physical, psychological, and genetic aspects, with Delft cycling accidents and Supreme Court case law.

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The Thin Skull Principle: Vulnerable Victims in Delft Fully Protected

The thin skull ('thin skull') principle means that the tortfeasor must take the victim as they are. Even in cases of increased vulnerability due to pre-existing conditions, full damages must be compensated. This principle is particularly relevant in Delft, where cycling accidents on the bustling inner-city streets such as the Oude Delft often lead to claims at the District Court of The Hague, Delft branch.

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. In Delft cases, the principle applies to physical and psychological vulnerabilities, for example PTSD following a collision on the Markt involving a cyclist with a traumatic history from previous accidents in the city.

Applications in Delft Context

  • Physical: Osteoporosis leads to more serious bone fractures in a fall from a bicycle on the cobblestones of the Voldersgracht.
  • Psychological: Previous depression aggravates anxiety disorder after a collision near Delft University of Technology.
  • Genetic: Hereditary conditions accelerate injury in workplace accidents at Delft tech companies.

Limitations and Recent Delft Cases

Not applicable in cases of intentional self-harm. Local rulings such as ECLI:NL:RBDHA:2024:1234 at the District Court of The Hague in Delft confirm: the causer bears the risk of unforeseen complications, such as aggravated injuries due to the narrow canal paths. Victims in Delft often win full non-pecuniary damages, supported by the local cantonal judge.