The Thin Skull Principle: Full Protection for Vulnerable Victims in Leiden
The thin skull principle stipulates that the perpetrator must take the victim as they find them. Even in cases of increased vulnerability due to pre-existing conditions, full compensation for damages must be awarded. This prevents discussions about 'normal' resilience, which is particularly relevant in a student city like Leiden, where bicycle accidents and falls on the canals occur frequently.
Legal Embedding in the Leiden Context
Based on Article 6:162 of the Dutch Civil Code (BW) and jurisprudence such as HR 19 May 1993, NJ 1993/597. The District Court of The Hague, which handles cases in Leiden, applies the principle to both physical and psychological vulnerabilities. Consider PTSD following a bicycle accident on Breestraat in someone with a traumatic history due to previous incidents near the university.
Applications in Leiden
- Physical: Osteoporosis leads to more severe fractures after a fall on the cobblestones near Pieterskerk.
- Psychological: A previous depression worsens an anxiety disorder caused by a collision on Nieuwe Rijn.
- Genetic: Hereditary conditions accelerate injury from a slip near the train station.
Limitations and Recent Leiden Cases
Not applicable in cases of intentional self-harm. Recent cases at the District Court of The Hague, such as ECLI:NL:RBDHA:2023:456 concerning an accident at Lammermarkt, confirm that the causer bears the risk of unforeseen complications. Victims in Leiden often receive full compensation for pain and suffering, supported by local law firms specializing in traffic law.