If the negligence of the defendant aggravates a plaintiff’s existing condition, the rule is applied. The court can dismiss resulting injuries on the grounds that they were not foreseen. ( Log Out /  While the crash might only leave an average person with only minor bump on the head, the same collision might leave this plaintiff with a significant skull fracture or other major injury. The original offender will not be liable for the new injuries. The eggshell rule is not applied in all cases. Map & Directions [+]. In this example, the older man’s heart attack was caused by the accident, and he deserves to be compensated by the responsible driver. ( Log Out /  Invisible wounds cannot be measured hence not liable for a specific amount of compensation. However, the plaintiff can still seek compensation for damages. It is used to hold a tortfeasor liable for his his victim’s unforeseeable damages or injury arising from his tortious act, even where the victim suffered a graver degree of injury or damage due to an inherent weakness or pre-existing vulnerability. 2d 181; 2006 Va. LEXIS 71, as holding that a negligent defendant “takes the plaintiff as he finds him” both with regard to pre-existing phys- ical as well as emotional or mental conditions (i.e., the “eggshell skull” rule also includes an “eggshell psy- che”). The eggshell skull rule is by and large what refers to a plaintiff that has a pre-existing condition. The accused party will likely be required to compensate the victim via monetary rewards and will likely be responsible for footing all resulting medical bills. The eggshell skull rule is often also called thin skull rule. The eggshell or thin skull rule is a common law principle applicable in tort law, which states that ‘you must take your victim as you find him’. In short, the law provides a safe haven for the victim’s susceptibility. The eggshell skull rule—also called the thin skull rule—says that you take your victim as you find them. Additionally, the eggshell rule is also applicable in strict liability cases. While each case is different and depends on the facts, it is a well-known legal tenet that a defendant takes the plaintiff as he finds him. Under strict liability, the following categories apply: On matters of personal injury and accident, the eggshell skull rule states that the defendant cannot use the frailty of the injured person for defense. If a tortfeasor (negligent party) inflicts injury on a victim and the ultimate harm is worse than what would normally be expected because the victim was more vulnerable due to some pre-existing injury, then the tortfeasor is still responsible for the whole harm suffered. Knowing what is on the defendant’s mind is a challenge because they do not reveal it in public. The defendant is responsible regardless of the plaintiff’s health condition. An eggshell is often used as a visual metaphor for the thin skull rule. Doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. An intentional tort occurs when civil wrongdoing is declared an intentional act. For example, say that someone has a very thin and fragile skull – like an eggshell. The term implies that if a person had a skull as delicate as that of the shell of an egg, and a tortfeasor who was unaware of the condition, injured that person’s head, causing the skull unexpectedly to break, the defendant would be held liable for all damages resulting from the wrongful act, even if the tortfeasor (the defendant) did not intend to cause such a severe injury. This group is vulnerable to injury due to their existing conditions. ... Filing a lawsuit is never the first step when it comes to resolving a dispute. For you, the effects are more serious. In this case, the state of health is not put into consideration. This is to enable apportioning of damages. through in-person consultations, video chat, phone, or email. A rebuttal to the eggshell skull rule is the crumbling skull rule. Compared to negligent torts, damages for intentional torts are always broader in size. Imagine this scenario: you and your co-worker both have exactly the same accident at work – say a bump to the head. The position should be much better compared to what they were in before the current situation.Beyond Physical Injuries. The Eggshell Plaintiff rule says that you take your victim as you find him or her. One day, this person gets into an altercation with another person, who punches him or her in the head. It means that a defendant is liable for any damages resulting from the injury they caused the claimant. The individual who caused harm will take responsibility for placing the plaintiff in a better position. *The eggshell rule is an exception to the test of foreseeability which states that a tortfeasor is only liable for damages which are reasonably foreseeable and not too remote. The Eggshell Skull rule deals with plaintiffs that have pre-existing medical conditions. The eggshell skull rule should not be mistaken for the crumbling skull rule. case or situation. Lawyers usually invoke this legal doctrine in cases where there is negligence. There is no allowance for an already weakened state of the injured party. There are a few basic rules every Arizona driver should abide by: Follow the speed limit, wear your seatbelt, and most ... 414 East Southern Ave. Change ), You are commenting using your Google account. AZ He died three years later from cancer triggered by the injury. This is, in essence, the eggshell plaintiff rule. Application of eggshell skull rule beyond physical injuries has remained debatable. Suppose this person is involved in a car accident. or viewing does not constitute, an attorney-client relationship. The eggshell rule can also be applied when an intentional tort occurs. Change ). Let’s say an injury is caused by a completely unrelated situation. ( Log Out /  Thus, in the English case of Smith v. Leech Brain & Co (1962) 2 QB 405, an employee in a factory was splashed with a molten metal. The plaintiff might suffer from a detrimental position, pre-existent to the occurrence of the present tort. In cases of an intervening cause, the initial injury can cause further damage. EGGSHELL SKULL: A well-established legal doctrine that a defendant must 'take their victim as they find them'. An eggshell plaintiff rule, also known as the eggshell skull rule, thin-skull rule, special-sensitivity rule or old soldiers rule, comes to play in tort law. What this means is that even in cases where the injuries were worse that one normally would have expected, the negligent party is still legally … Change ), You are commenting using your Twitter account. Eggshell plaintiff comes from the idea that even if a victim has a sensitive skull like a delicate eggshell, the defendant still is responsible for injuries that they cause. Your colleague gets little more than a bruise and shrugs it off within a couple of days. For example, if A slaps B and B falls down and dies instantly due to some already existing condition, it is no defence that B wouldn’t have died if he was a ‘normal human being’ because a tortfeasor must take his victim as he finds him. If a defendant negligently injures someone, the defendant is responsible for all the consequences, whether they were foreseeable or not. Change ), You are commenting using your Facebook account. Enter your email address to follow this blog and receive notifications of new posts by email. If a tortfeasor inflicts a graver loss on his victim than one would have expected because the victim had some pre-existing vulnerability, that is the tortfeasor's … The eggshell skull rule, also known as the thin skull rule, says that the frailty, weakness, sensitivity, or feebleness of a victim cannot be used as a defense in a personal injury claim. Please don’t The eggshell skull rule is an important idea related to causation in Tort law. Nothing on this site should be taken as legal advice for any individual PRE-EXISTING CONDITION LAW “EGGSHELL SKULL” RULE CHRISTIAN-ATTORNEY.NET. contact us if you have any questions! If the defendant commits a tort against the plaintiff without a complete defense, the defendant becomes liable for any injury that is magnified by the plaintiff's peculiar characteristics. Justia - California Civil Jury Instructions (CACI) (2020) 3928. The eggshell skull rule was named after a common example frequently used to describe a situation where the plaintiff would be able to recover when their damages are worse than expected. Eggshell skull rule is a principle of trots law that a defendant is liable for a plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional act. The metal burned him on his lip, which happened to be premalignant tissue. The eggshell skull doctrine makes a defendant liable for the plaintiff’s unforeseeable reactions to the defendant’s negligent act. In this case, the victim should be treated as he/she was unable to prevent what had occurred. The “Eggshell Skull” Rule This legal concept is a descriptive term for the idea that you take your plaintiff as you find him. Essentially, the frailty of the person who was injured cannot be used as a defense to limit the liability of the at-fault party. Uninsured & Underinsured Motorist Accidents, individual who isn’t paying attention rear ends, The Eggshell Skull Rule and How It Applies to Personal Injury. In the event that a large individual who isn’t paying attention rear ends this individual in their vehicle and they die as a result of their injuries, the eggshell rule (or thin skull rule) states that the person who caused the death is responsible for the resulting damage. It is used to hold a tortfeasor liable for his his victim’s unforeseeable damages or injury arising from his tortious act, even where the victim suffered a graver degree of injury or damage due to an inherent weakness or pre-existing vulnerability. The rule obtains its name from a common example used in law school. If a single punch kills someone because of their thin skull, that victim's weakness cannot mitigate the seriousness of the crime. Before applying the eggshell skull rule, the following factors are first enacted into consideration that makes the plaintiff vulnerable to harm: Many law schools will use the example of a person with a very fragile skull like an “eggshell.” This person appears normal to the outside world but unfortunately is extremely feeble and frail. The eggshell skull rule will not apply in all cases. Such injuries can be treated but traumatic outcomes cannot be healed because they are invisible. Unusually Susceptible Plaintiff - Free Legal Information - Laws, Blogs, Legal Services and More Eggshell Skull Rule. It is easier to compensate for cases where damages are physical. For a plaintiff to be compensated as deserved, there is the need for the victim to have experienced lawyers. In the world of personal injury law, this is referred to as the “Eggshell” Plaintiff or Eggshell Skull rule. Mesa, Aggravation of preexisting conditions are compensable under the eggshell skull rule. Posted in Personal Injury on August 24, 2020 If you or somebody you love has been injured in an accident caused by the negligence actions of another party, you should be able to recover compensation for your losses. In legalese, tort law is a type of law that holds a person legally liable for any damages he or she has caused intentionally or negligently. But what if it also works the other way? Blame can be removed from the defendant. The Eggshell Skull Rule is a legal doctrine that states that any individual who causes harm to another cannot use the frailty of the injured individual as a legit defense. However, it is difficult to prove intentional torts, especially in felony crimes. 414 East Southern Ave. Kerdasha, 629 S.E. A Plaintiff means that you are suing somebody; you have a claim for damages. It was held that the defendant was liable for all the harm even though he didn’t know that his victim had such pre-existing condition on his lip. Such a situation can arise when a plaintiff puts himself in a position where he is likely to be harmed. 85204 Even though the final decision lies with the court, the compensation amount can (in some cases) be lowered. In a pet-friendly state like Arizona, you’d be surprised to learn that we have some of the strictest animal laws in the country. ( Log Out /  The eggshell skull doctrine protects those in cases where the injuries are worse or amplified because of a pre-existing condition. In this example, there is an imaginary person with a skull that is as fragile as an eggshell. When it comes to psychological damages, the rule might apply partially. For this reason, this rule is sometimes referred to as the “eggshell skull” rule as well. Such lawyers will also represent them accordingly when dealing with insurance companies. 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