The Thin Skull Principle: Vulnerable Victims in Amsterdam Fully Protected
In the bustling streets of Amsterdam, the thin skull ('thin skull') principle is applied strictly: the perpetrator accepts the victim as they are. In incidents on the busy cycle paths or in the canal district, even with pre-existing vulnerabilities, full damages are compensated. This principle prevents discussions about 'normal' resilience in a city full of bicycle accidents and falls.
Legal Basis in the Amsterdam 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, supplemented by local case law from the District Court of Amsterdam. It applies to physical and psychological vulnerabilities, for example PTSD following a bicycle accident in someone with a traumatic past, which is common among Amsterdammers with stressful lives.
Applications in Amsterdam Cases
- Physical: Osteoporosis leads to a more serious bone fracture after a fall on an Amsterdam tram track.
- Psychological: Previous depression aggravates anxiety disorder due to a collision on the Prinsengracht.
- Genetic: Hereditary conditions accelerate injury in busy market accidents at the Noordermarkt.
Limitations and Recent Amsterdam Exceptions
Not applicable in cases of intentional self-harm. Recent cases at the District Court of Amsterdam, such as ECLI:NL:RBAMS:2023:1234 concerning a canal fall with complications, confirm: the causer bears the risk of unforeseen injuries. Victims in the region often win full non-pecuniary damages, supported by the district court judge in cases from 2022-2024.