The Thin Skull Principle: Vulnerable Victims in Zoetermeer 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 principle is particularly relevant in Zoetermeer, where traffic accidents on the N44 and in Zoetermeer shopping centre often lead to personal injury claims.
Legal Basis in Zoetermeer Context
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 District Court of The Hague, which handles Zoetermeer, applies it to physical and psychological vulnerabilities. Consider PTSD following a bicycle accident in Stadionpark in someone with a traumatic past.
Applications in Zoetermeer
- Physical: Osteoporosis leads to more serious bone fracture after fall on icy pavements in the Buytenwegh neighbourhood.
- Psychological: Previous depression exacerbates anxiety disorder due to collision on Rokkeveenseweg.
- Genetic: Hereditary conditions accelerate injury in workplace accidents at local companies such as in the Binckhorst.
Limitations and Recent Cases
Not applicable in cases of intentional self-harm. A recent case at the District Court of The Hague, ECLI:NL:RBDHA:2024:123 (anonymised from Zoetermeer), confirms: the causer bears the risk of unforeseen complications following a supermarket accident. Victims from Zoetermeer often win full non-pecuniary damages, supported by local law firms.
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