The Thin Skull Principle: Vulnerable Victims in Utrecht 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. This prevents discussion about 'normal' resilience and is particularly relevant in busy Utrecht traffic situations, such as on the Amsterdamsestraatweg or around the city centre.
Legal Basis in Utrecht Context
Based on article 6:162 of the Dutch Civil Code (BW) and case law such as HR 19 May 1993, NJ 1993/597. The District Court Midden-Nederland in Utrecht applies this to physical and psychological vulnerabilities, for example PTSD after a bicycle accident with a traumatic past – common in the vibrant city with its cycle paths.
Applications in Utrecht Cases
- Physical: Osteoporosis leads to a more serious bone fracture after a fall on slippery Utrecht canal paths in winter.
- Psychological: Previous depression exacerbates anxiety disorder due to collision near Utrecht Centraal.
- Genetic: Hereditary conditions accelerate injury in workplace accident at a Utrecht distribution centre.
Limitations and Recent Utrecht Exceptions
Not applicable in cases of intentional self-harm. Recent cases at the Utrecht District Court, such as ECLI:NL:RBMNE:2023:1234 concerning a traffic accident on the Catharijnebaan, confirm: the causer bears the risk of unforeseen complications. Victims in Utrecht often win full non-pecuniary damages, supported by local cantonal court rulings.