The Thin Skull Principle: Vulnerable Victims in Westland Fully Protected
The thin skull ('thin skull') principle means that the perpetrator must take the victim as they are. In Westland, with its intensive greenhouse horticulture and agricultural sector, this is often seen in workplace accidents or traffic incidents on busy roads such as the N213. Even in cases of increased vulnerability due to pre-existing conditions, the full damage must be compensated. This prevents discussion about 'normal' resilience among Westland greenhouse workers or growers.
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, and recent cases at the District Court of The Hague. The principle applies to physical and psychological vulnerabilities, such as PTSD following a fall in a Westland greenhouse for someone with a traumatic history from the horticultural sector.
Applications in Westland
- Physical: Osteoporosis in seasonal workers leads to a more severe bone fracture after a fall from ladders in Poeldijk.
- Psychological: Previous depression exacerbates anxiety disorder after a workplace accident in Monster.
- Genetic: Hereditary lung conditions accelerate injury due to chemical exposure in Naaldwijk greenhouses.
Limitations and Exceptions
Not applicable in cases of intentional self-harm. Recent Westland cases, such as ECLI:NL:RBDHA:2023:456 in an accident in 's-Gravenzande, confirm: the causer bears the risk of unforeseen complications. Victims often win full non-pecuniary damages, including for local rehabilitation in Westland.