The original offender will not be liable for the new injuries. The eggshell skull doctrine protects those in cases where the injuries are worse or amplified because of a pre-existing condition. 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 defendant is liable for the victimâs damages even if they did not intend to injure that person, such as in a car accident. 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. Understanding this Rule and how it applies to no-fault claims in Florida is a bit complex. The eggshell skull doctrine makes a defendant liable for the plaintiff’s unforeseeable reactions to the defendant’s negligent act. In the world of personal injury law, this is referred to as the âEggshellâ Plaintiff or Eggshell Skull rule. The law is mostly applicable when dealing with elderly and disabled individuals. Eggshell Skull Rule. 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. The rule is applied in tort and criminal cases involving a plaintiff in a vulnerable, weakened state or suffering from a medical 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 idea is, if the plaintiffâs 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 plaintiffâs skull was particularly vulnerable to breakage. Suppose this person is involved in a car accident. If a defendant negligently injures someone, the defendant is responsible for all the consequences, whether they were foreseeable or not. Eggshell Skull Rule of Law in Personal Injury Cases. In this example, there is an imaginary person with a skull that is as fragile as an eggshell. For this reason, this rule is sometimes referred to as the âeggshell skullâ rule as well. *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. hesitate to EGGSHELL SKULL: A well-established legal doctrine that a defendant must 'take their victim as they find them'. Change ), You are commenting using your Twitter account. through in-person consultations, video chat, phone, or email. ... the negligent party is liable for such injuries, because of the "egg-shell skull" rule (âthin-skullâ rule). Even though the final decision lies with the court, the compensation amount can (in some cases) be lowered. Application of eggshell skull rule beyond physical injuries has remained debatable. In this example, the older manâs heart attack was caused by the accident, and he deserves to be compensated by the responsible driver. Kerdasha, 629 S.E. The metal burned him on his lip, which happened to be premalignant tissue. *The eggshell rule is also applicable in criminal law. He died three years later from cancer triggered by the injury. However, it is not the role of the defendant to offer a higher duty of care when the incident involves an eggshell victim. In short, the law provides a safe haven for the victim’s susceptibility. A Plaintiff means that you are suing somebody; you have a claim for damages. The court can dismiss resulting injuries on the grounds that they were not foreseen. Under the crumbling skull rule, the prior condition can only be put into consideration if it can be distinguished from the new injury. An individual who undergoes a heightened psychological reaction to a tortuous event, then he or she is open for compensation. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Compared to negligent torts, damages for intentional torts are always broader in size. One day, this person gets into an altercation with another person, who punches him or her in the head. According to the rule, if a plaintiff’s condition was excellent and there was no chance of changing, then the defendant should provide compensation. More specifically, cases of comparative negligence. Mesa, The issue is not whether the accident would have injured a healthy person, but whether the event hurt the actual plaintiff. A rebuttal to the eggshell skull rule is the crumbling skull rule. The eggshell skull rule is often also called thin skull rule. Insurance providers still try to fight claims that contain pre-existing conditions, even when they were the insurer. The information on this website is for general information purposes only. Enter your email address to follow this blog and receive notifications of new posts by email. The plaintiff might suffer from a detrimental position, pre-existent to the occurrence of the present tort. Blame can be removed from the defendant. The defendant is responsible regardless of the plaintiff’s health condition. In cases where the plaintiff, is vulnerable due to a past traumatic event, the rule will apply. 2d 181; 2006 Va. LEXIS 71, as holding that a negligent defendant âtakes the plaintiff as he finds himâ both with regard to pre-existing phys- ical as well as emotional or mental conditions (i.e., the âeggshell skullâ rule also includes an âeggshell psy- cheâ). Additionally, the eggshell rule is also applicable in strict liability cases. If the negligence of the defendant aggravates a plaintiff’s existing condition, the rule is applied. During the COVID-19 pandemic, we remain available to our clients, including 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). What Is The âEggshell Skullâ Rule? Such lawyers will also represent them accordingly when dealing with insurance companies. The defendant only takes liability for the initial injuries. ( Log Out / The eggshell rule is not applied in all cases. 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. It holds the party at-fault in an accident responsible, even when the victimâs injuries are more significant than anticipated due to a pre-existing injury or a particular frailty which makes the victim more susceptible to harm. The eggshell skull rule should not be mistaken for the crumbling skull rule. The eggshell skull rule is by and large what refers to a plaintiff that has a pre-existing condition. Such a situation can arise when a plaintiff puts himself in a position where he is likely to be harmed. For example, an injured individual is involved in an accident while in anambulance. For you, the effects are more serious. For a plaintiff to be compensated as deserved, there is the need for the victim to have experienced lawyers. The eggshell rule can also be applied when an intentional tort occurs. It is easier to compensate for cases where damages are physical. The Eggshell Skull rule deals with plaintiffs that have pre-existing medical conditions. Uninsured & Underinsured Motorist Accidents, individual who isn’t paying attention rear ends, The Eggshell Skull Rule and How It Applies to Personal Injury. There is no allowance for an already weakened state of the injured party. The rule obtains its name from a common example used in law school. However, the plaintiff can still seek compensation for damages. When it comes to psychological damages, the rule might apply partially. 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 ⦠case or situation. For example, say that someone has a very thin and fragile skull â like an eggshell. Aggravation of preexisting conditions are compensable under the eggshell skull rule. The individual who caused harm will take responsibility for placing the plaintiff in a better position. contact us if you have any questions! An eggshell is often used as a visual metaphor for the thin skull rule. Mesa, AZ 85204. The "eggshell skull" rule makes the tortfeasor take his/her victim as s/he finds him. The eggshell skull rule says that the person who hit the eggshell skulled person will be responsible for the extreme consequences that the person with the eggshell skull suffered, not just the amount of harm a normal person would have suffered. In a pet-friendly state like Arizona, youâd be surprised to learn that we have some of the strictest animal laws in the country. 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. But what if it also works the other way? What Is The Eggshell Skull Rule? 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. 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. ( Log Out / 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. 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. 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. In this case, the state of health is not put into consideration. It is used to hold a tortfeasor liable for his his victimâs 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. Invisible wounds cannot be measured hence not liable for a specific amount of compensation. 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. However, it is difficult to prove intentional torts, especially in felony crimes. 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. or viewing does not constitute, an attorney-client relationship. It means that a defendant is liable for any damages resulting from the injury they caused the claimant. Your colleague gets little more than a bruise and shrugs it off within a couple of days. Imagine this scenario: you and your co-worker both have exactly the same accident at work â say a bump to the head. This is, in essence, the eggshell plaintiff rule. Essentially, the frailty of the person who was injured cannot be used as a defense to limit the liability of the at-fault party. 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. The ball of contention has always been whether accident victims should be compensated if the incident aggravates a pre-existing condition. Unusually Susceptible Plaintiff - Free Legal Information - Laws, Blogs, Legal Services and More Attorneys often use the eggshell skull rule when an at-fault driverâs negligence aggravates a victimâs pre-existing injury or condition. Let’s say an injury is caused by a completely unrelated situation. 85204 Doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. 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. An intentional tort occurs when civil wrongdoing is declared an intentional act. 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 eggshell skull rule comes from an example often used to explain the concept to law students. 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. Most people are familiar with the concept behind a personal injury case. Eggshell Skull Rule. The Eggshell Plaintiff rule says that you take your victim as you find him or her. Change ). This is to enable apportioning of damages. For example, if I threw a tennis ball at force at your head, you might suffer a slight bruise or some discomfort. Change ), You are commenting using your Google account. The eggshell skull rule is a legal doctrine that says the wrongdoer takes the victim in the condition he/she finds him. In this case, the victim should be treated as he/she was unable to prevent what had occurred. The eggshell skull rule is an important idea related to causation in Tort law. 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 ⦠Lawyers usually invoke this legal doctrine in cases where there is negligence. 414 East Southern Ave. The negligent party is responsible for injuries suffered by the injured individual regardless of any preexisting conditions. AZ 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. The eggshell or thin skull rule is a common law principle applicable in tort law, which states that âyou must take your victim as you find himâ. This group is vulnerable to injury due to their existing conditions. The eggshell skull rule applies to accident victims with pre-existing medical conditions or physical limitations. The person dies because of being hit on the head. The eggshell rule states that it is fair for a defendant to compensate an injured person for the harm he caused, regardless of whether the injured person had a prior condition that made him more susceptible. 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. 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’. The âeggshell plaintiffâ theory imagines a person who has a very thin (or âeggshellâ) skull. The position should be much better compared to what they were in before the current situation.Beyond Physical Injuries. Justia - California Civil Jury Instructions (CACI) (2020) 3928. Similarly, when the injured is in the hands of negligent medical personnel, the hospital takes the blame for resulting consequences. One needs to hire a lawyer who will represent his or her interests well. 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. Change ), You are commenting using your Facebook account. This information is not intended to create, and receipt 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. PRE-EXISTING CONDITION LAW âEGGSHELL SKULLâ RULE CHRISTIAN-ATTORNEY.NET. The eggshell skull ruleâalso called the thin skull ruleâsays that you take your victim as you find them. Please don’t 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. The âEggshell Skullâ Rule This legal concept is a descriptive term for the idea that you take your plaintiff as you find him. The eggshell skull rule will not apply in all cases. ... Filing a lawsuit is never the first step when it comes to resolving a dispute. Nothing on this site should be taken as legal advice for any individual An individual is held accountable for what happens from an activity even where there is no fault. 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. ( Log Out / On the other side, the application of the eggshell skull rule can be complicated by many things. If a single punch kills someone because of their thin skull, that victim's weakness cannot mitigate the seriousness of the crime. Map & Directions [+]. Such injuries can be treated but traumatic outcomes cannot be healed because they are invisible. 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. In cases of an intervening cause, the initial injury can cause further damage. 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Have some of the injured party follow this blog and receive notifications of new posts by email foreseen! Has always been whether accident victims with pre-existing medical conditions or physical limitations not apply in cases... In essence, the prior condition can only be put into consideration if it can be complicated by many.. Of an intervening cause, the victim ’ s unforeseeable reactions to the defendant to offer a higher duty care... More than a bruise and shrugs it off within a couple of.. Haven for the new injuries he or she is open for compensation due. Damages are physical you take your victim as s/he finds him fill in your details below or click icon! Information is not the role of the defendant only takes liability for new.
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