Predispositie
Predisposition
A pre-existing physical or psychological vulnerability that increases the consequences of an accident. The liable party must fully compensate even a vulnerable victim.
Predisposition
Predisposition is a pre-existing physical or psychological disposition that makes someone more susceptible to injury or to a longer recovery than an 'average' person. The starting point in Dutch law is the 'eggshell skull' rule: the liable party must take the victim as they are. This follows from Article 6:98 BW, under which damage may be attributed to the liable party in so far as it can reasonably be regarded as a consequence of the harmful event.
Main features
Practical consequences
An insurer or liable party may raise predisposition to reduce compensation, but needs solid substantiation — usually via medical expert examination. The burden of proving that the damage would (partly) have occurred without the accident lies with the liable party. If that proof fails, the main rule applies: the full damage is compensated. Victims are wise to share their complete medical history transparently with their own representative.
“Because the victim already had a herniated disc before the accident, the insurer invoked predisposition to limit the compensation, but the court held that the full aggravation was for the liable party's account.”
Source: AI
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