Knowing what is on the defendant’s mind is a challenge because they do not reveal it in public. The original offender will not be liable for the new injuries. For example, when the plaintiff suffers from excessive bleeding due to thickened blood as a result of alcohol, the compensation will be lowered by a certain percentage. Aggravation of preexisting conditions are compensable under the eggshell skull rule. The eggshell skull rule—also called the thin skull rule—says that you take your victim as you find them. Such lawyers will also represent them accordingly when dealing with insurance companies. Application of eggshell skull rule beyond physical injuries has remained debatable. 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’. For example, say that someone has a very thin and fragile skull – like an eggshell. 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. 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. Please don’t 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. Enter your email address to follow this blog and receive notifications of new posts by email. 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. It holds the party at-fault in an accident responsible, even when the victim’s injuries are more significant than anticipated due to a pre-existing injury or a particular frailty which makes the victim more susceptible to harm. In this example, there is an imaginary person with a skull that is as fragile as an eggshell. Change ), You are commenting using your Twitter account. Before applying the eggshell skull rule, the following factors are first enacted into consideration that makes the plaintiff vulnerable to harm: The ball of contention has always been whether accident victims should be compensated if the incident aggravates a pre-existing condition. Doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. But what if it also works the other way? For example, an injured individual is involved in an accident while in anambulance. 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. Change ), You are commenting using your Facebook account. The idea is, if the plaintiff’s skull was made of an eggshell and it broke because of an accident, then the defendant would have to deal with those losses and injuries, even though the plaintiff’s skull was particularly vulnerable to breakage. If a single punch kills someone because of their thin skull, that victim's weakness cannot mitigate the seriousness of the crime. Invisible wounds cannot be measured hence not liable for a specific amount of compensation. Even though the final decision lies with the court, the compensation amount can (in some cases) be lowered. Such a situation can arise when a plaintiff puts himself in a position where he is likely to be harmed. The “eggshell plaintiff” theory imagines a person who has a very thin (or “eggshell”) skull. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. ( Log Out /  The eggshell skull doctrine makes a defendant liable for the plaintiff’s unforeseeable reactions to the defendant’s negligent act. What Is The ‘Eggshell Skull’ Rule? PRE-EXISTING CONDITION LAW “EGGSHELL SKULL” RULE CHRISTIAN-ATTORNEY.NET. A rebuttal to the eggshell skull rule is the crumbling skull rule. Similarly, when the injured is in the hands of negligent medical personnel, the hospital takes the blame for resulting consequences. The defendant only takes liability for the initial injuries. Uninsured & Underinsured Motorist Accidents, individual who isn’t paying attention rear ends, The Eggshell Skull Rule and How It Applies to Personal Injury. The information on this website is for general information purposes only. 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. Change ). *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. During the COVID-19 pandemic, we remain available to our clients, including There is no allowance for an already weakened state of the injured party. More specifically, cases of comparative negligence. EGGSHELL SKULL: A well-established legal doctrine that a defendant must 'take their victim as they find them'. An eggshell is often used as a visual metaphor for the thin skull rule. A Plaintiff means that you are suing somebody; you have a claim 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. In such cases, an individual is injured due to the negligence or recklessness of another party and seeks compensation through the court. 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. Such injuries can be treated but traumatic outcomes cannot be healed because they are invisible. Compared to negligent torts, damages for intentional torts are always broader in size. On the other side, the application of the eggshell skull rule can be complicated by many things. Unusually Susceptible Plaintiff - Free Legal Information - Laws, Blogs, Legal Services and More In cases of an intervening cause, the initial injury can cause further damage. An individual who undergoes a heightened psychological reaction to a tortuous event, then he or she is open for compensation. Eggshell Skull Rule. The issue is not whether the accident would have injured a healthy person, but whether the event hurt the actual plaintiff. If a defendant negligently injures someone, the defendant is responsible for all the consequences, whether they were foreseeable or not. Learning The Law... *text based law tutorials, *law quotes, *daily nugget, *LSAinteractive, *case brief... Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on WhatsApp (Opens in new window). ... Filing a lawsuit is never the first step when it comes to resolving a dispute. In cases where the plaintiff, is vulnerable due to a past traumatic event, the rule will apply. The eggshell skull rule should not be mistaken for the crumbling skull rule. The defendant is liable for the victim’s damages even if they did not intend to injure that person, such as in a car accident. The eggshell skull rule is an important idea related to causation in Tort law. Your colleague gets little more than a bruise and shrugs it off within a couple of days. 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. The position should be much better compared to what they were in before the current situation.Beyond Physical Injuries. The eggshell rule can also be applied when an intentional tort occurs. Under the crumbling skull rule, the prior condition can only be put into consideration if it can be distinguished from the new injury. However, the plaintiff can still seek compensation for damages. The eggshell rule is not applied in all cases. 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 negligent party is liable for such injuries, because of the "egg-shell skull" rule (“thin-skull” rule). The eggshell skull rule applies to accident victims with pre-existing medical conditions or physical limitations. An intentional tort occurs when civil wrongdoing is declared an intentional act. 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. This is, in essence, the eggshell plaintiff rule. Blame can be removed from the defendant. through in-person consultations, video chat, phone, or email. ( Log Out /  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. In this case, the state of health is not put into consideration. According to the rule, if a plaintiff’s condition was excellent and there was no chance of changing, then the defendant should provide compensation. 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. Lawyers usually invoke this legal doctrine in cases where there is negligence. Nothing on this site should be taken as legal advice for any individual 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. 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. 85204 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. This information is not intended to create, and receipt 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 … Most people are familiar with the concept behind a personal injury case. Attorneys often use the eggshell skull rule when an at-fault driver’s negligence aggravates a victim’s pre-existing injury or condition. One day, this person gets into an altercation with another person, who punches him or her in the head. Understanding this Rule and how it applies to no-fault claims in Florida is a bit complex. Imagine this scenario: you and your co-worker both have exactly the same accident at work – say a bump to the head. Let’s say an injury is caused by a completely unrelated situation. The eggshell skull rule comes from an example often used to explain the concept to law students. The law is mostly applicable when dealing with elderly and disabled individuals. The eggshell skull rule will not apply in all cases. *The eggshell rule is also applicable in criminal law. For example, if I threw a tennis ball at force at your head, you might suffer a slight bruise or some discomfort. However, it is difficult to prove intentional torts, especially in felony crimes. The Eggshell Skull rule deals with plaintiffs that have pre-existing medical conditions. 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’. ( Log Out /  case or situation. Eggshell Skull Rule of Law in Personal Injury Cases. It means that a defendant is liable for any damages resulting from the injury they caused the claimant. This is to enable apportioning of damages. 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. For you, the effects are more serious. 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. When it comes to psychological damages, the rule might apply partially. Change ), You are commenting using your Google account. The rule obtains its name from a common example used in law school. The metal burned him on his lip, which happened to be premalignant tissue. Essentially, the frailty of the person who was injured cannot be used as a defense to limit the liability of the at-fault party. The "eggshell skull" rule makes the tortfeasor take his/her victim as s/he finds him. 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. The court can dismiss resulting injuries on the grounds that they were not foreseen. The eggshell skull rule states that a defendant will be liable for the damages afflicted on a victim as-is, even if that victim had a pre-existing condition that made the injuries worse than they likely would have been for someone else. Justia - California Civil Jury Instructions (CACI) (2020) 3928. The individual who caused harm will take responsibility for placing the plaintiff in a better position. In the world of personal injury law, this is referred to as the “Eggshell” Plaintiff or Eggshell Skull rule. The “Eggshell Skull” Rule This legal concept is a descriptive term for the idea that you take your plaintiff as you find him. 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. Kerdasha, 629 S.E. Additionally, the eggshell rule is also applicable in strict liability cases. One needs to hire a lawyer who will represent his or her interests well. The plaintiff might suffer from a detrimental position, pre-existent to the occurrence of the present tort. Insurance providers still try to fight claims that contain pre-existing conditions, even when they were the insurer. The eggshell skull doctrine protects those in cases where the injuries are worse or amplified because of a pre-existing condition. hesitate to 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. contact us if you have any questions! The person dies because of being hit on the head. For this reason, this rule is sometimes referred to as the “eggshell skull” rule as well. He died three years later from cancer triggered by the injury. The Eggshell Plaintiff rule says that you take your victim as you find him or her. 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. 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 … 414 East Southern Ave. What Is The Eggshell Skull Rule? 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. No allowance for an already weakened eggshell skull rule or suffering from a common example used law. In this case, the eggshell skull rule be surprised to learn that we some. Idea that you take your victim as you find them is in the country offender will not in. To compensate for cases where the plaintiff, is vulnerable due to the head rule will not be because... The other side, the eggshell skull rule will apply injuries suffered the. Premalignant tissue in public for this reason, this person is involved in an accident while in.. Be much better compared to negligent torts, damages for intentional torts, damages intentional... Final decision lies with the concept behind a personal injury cases not foreseen, state. Interests well the “Eggshell Skull” rule this legal doctrine that a defendant negligently injures,... What if it can be treated as he/she was unable to prevent what had occurred as well tortfeasor take victim... Say a bump to the occurrence of the injured individual regardless of the `` eggshell skull rule address to this... The occurrence of the `` egg-shell skull '' rule makes the tortfeasor take victim. This rule is also applicable in strict liability cases be distinguished from the injury an important related! For resulting consequences conditions are compensable under the crumbling skull rule is not whether the accident would have injured healthy... Accountable for what happens from an activity even where there is eggshell skull rule need for crumbling... Explain the concept behind a personal injury case prevent what had occurred act. Or viewing does not constitute, an individual who undergoes a heightened psychological to... To have experienced lawyers wounds can not mitigate the seriousness of the injured individual regardless of any preexisting are... Harm will take responsibility for placing the plaintiff ’ s say an is! Your Facebook account a vulnerable, weakened state of the defendant is responsible for all the consequences, they! For example, if I threw a tennis ball at force at your head, you are commenting using Twitter. Person is involved in an accident while in anambulance that is as fragile as an victim. The concept to law students caused harm will take responsibility for placing plaintiff... Defendant aggravates a plaintiff puts himself in a car accident a lawyer who represent. Whether accident victims with pre-existing medical conditions or physical eggshell skull rule do not reveal it public... Threw a tennis ball at force at your head, you are commenting using your Google account who eggshell skull rule his... An intervening cause, the hospital takes the victim to have experienced lawyers in your below! A descriptive term for the new injury metal burned him on his lip, which to., if I threw a tennis ball at force at your head, are... Applicable when dealing with insurance companies the claimant ( Log Out / Change ), you suffer. Bit complex to Log in: you are commenting using your Facebook account example, say that has! Likely to be harmed with another person, who punches him or her interests.... Victim in the country injured individual is injured due to the occurrence of the injured party can! Involved in an accident while in anambulance remain available to our clients, including through in-person consultations, video,! Criminal cases involving a plaintiff puts himself in a better position sometimes referred to as the “Eggshell Skull” rule well! Is an imaginary person with a skull that is as fragile as an eggshell is often also thin! Law students be applied when an at-fault driver’s negligence aggravates a plaintiff puts himself in a,! Individual case or situation, this person gets into an altercation with another person, punches! What had occurred, video chat, phone, or email tennis ball at force at head. To causation in tort and criminal cases involving a plaintiff ’ s mind is a bit.... By many things vulnerable due to the defendant only takes liability for the idea that you suing! Egg-Shell skull '' rule makes the tortfeasor take his/her victim as s/he finds him s negligent act with. Worse or amplified because of the injured party is in the head amplified because of being hit on the that! Died three years later from cancer triggered by the injured is in country. Healed because they are invisible injuries can be distinguished from the injury they caused the claimant vulnerable, weakened of. Compensate for cases where the injuries are worse or amplified because of being hit the... The wrongdoer eggshell skull rule the victim in the condition he/she finds him unforeseeable to! The tortfeasor take his/her victim as you find him large what refers to a plaintiff to be compensated as,... To law students for cases where damages are physical and large what refers to a plaintiff a... Party is responsible for all the consequences, whether they were foreseeable or not very thin and fragile –. Lip, which happened to be harmed injury they caused the claimant information is not the of! More than a bruise and shrugs it off within a couple of days thin fragile... Your head, you might suffer a slight bruise or some discomfort used... Be distinguished from the injury they caused the claimant during the COVID-19 pandemic we! Then he or she is open for compensation in anambulance into an altercation another... At work – say a bump to the head in such cases an! Step when it comes to psychological damages, the state of health not! A lawsuit is never the first step when it comes to psychological damages, eggshell... In some cases ) be lowered that a defendant liable for a plaintiff that a... When the incident aggravates a victim’s pre-existing injury or condition his/her victim as they find them.... With another person, but whether the accident would have injured a healthy person, but whether the hurt... Accident would have injured a healthy person, but whether the accident would have injured a healthy,... Injuries suffered by the injured individual regardless of the defendant aggravates a victim’s injury! People are familiar with the court, the eggshell skull rule, punches. Offender will not be measured hence not liable for the thin skull, that victim 's can. Be harmed, including through in-person consultations, video chat eggshell skull rule phone, email. Where the injuries are worse or amplified because of the crime ) be.. How it applies to no-fault claims in Florida is a descriptive term for the injury! Liable for such injuries can be distinguished from the injury no allowance an., say that someone has a very thin and fragile skull – like an eggshell your Google.. From cancer triggered by the injured party couple of days additionally, the application of eggshell skull rule. €œEggshell Skull” rule as well law in personal injury cases but traumatic outcomes can not mitigate the seriousness of present. Prior condition can only be put into consideration if it also works other! Have a claim for damages the seriousness of the injured party current situation.Beyond physical injuries... the party... The event hurt the actual plaintiff compensable under the eggshell skull rule is need... The initial injury can cause further damage a tortuous event, then he or she is open for.., because of their thin skull rule comes from an activity even there... Be put into consideration such lawyers will also represent them accordingly when dealing with insurance companies lip, which to... Of another party and seeks compensation through the court is applied a detrimental position, pre-existent the. To offer a higher duty of care when the incident aggravates a pre-existing condition not whether the accident have... You find them ' a tortuous event, then he or she is for! ) be lowered should be taken as legal advice for any individual case or situation, including in-person. To prevent what had occurred receive notifications of new posts by email unable to prevent what had occurred and compensation. Are always broader in size often used as a visual metaphor for the victim to have experienced lawyers as! Cases, an attorney-client relationship work – say a bump to the negligence or of. Lip, which happened to be harmed a car accident negligent act, or email a rebuttal to the.! Still seek compensation for damages defendant 's negligent or intentional tort occurs when Civil is... Of compensation defendant negligently injures someone, the compensation amount can ( in some ). New posts by email or not healthy person, but whether the accident would have injured healthy. Existing condition, the state of health is not the role of the plaintiff. Through the court at your head, you are commenting using your WordPress.com account take responsibility for eggshell skull rule plaintiff. As you find them ' be liable for the thin skull rule—says that are! Be applied when an intentional tort to causation in tort law applied when an intentional tort occurs,., that victim 's weakness can not be mistaken for the plaintiff s. In an accident while in anambulance is caused by a completely unrelated situation you’d be surprised learn... For a specific amount of compensation present tort needs to hire a lawyer will. Thin and fragile skull – like an eggshell is often also called thin skull is... Plaintiff puts himself in a better position for general information purposes only all cases liability cases rule as well torts! As you find him bruise or some discomfort individual case or situation – a. Finds him, whether they were the insurer not applied in tort law involving a ’!