Eggshell Skull
Eggshell skull
The eggshell skull rule (or thin skull rule or you take your victim as you find him rule of the common law) is a well-established legal doctrine used in some tort law systems, with a similar doctrine applicable to criminal law. It means that frailty of the injured person is not a defense in a t…
Full Answer
What is the eggshell skull rule in civil law?
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 eggshell skull rule makes the tortfeasor take his/her victim as s/he finds him.
What is the eggshell plaintiff rule?
This is, in essence, the eggshell plaintiff rule. What this means is that a defendant is liable for any injuries caused by the defendant’s actions, regardless of how unforeseeable or uncommon the plaintiff’s reactions to the defendant’s actions are.
What happens if the plaintiff has an eggshell-thin skull?
If the plaintiff with the eggshell-thin skull is injured by the negligence of another person, then that person would be liable for any and all injuries resulting from his actions. Interestingly enough, while the defendant must accept the plaintiff as he finds him, he does not have to show a higher duty of care to the eggshell plaintiff.
What is the eggshell skull rule for emotional injuries in Texas?
Texas law allows a plaintiff to claim damages for both physical and emotional injuries. Emotional injuries can refer to post-traumatic stress disorder, emotional distress, grief, humiliation, anxiety, depression, loss of consortium and lost quality of life. As of now, however, the eggshell skull rule does not apply to emotional injuries.
What is meant by eggshell skull principle?
In simple terms, the eggshell skull rule states that injuries must be taken as they are without speculation about what may have happened if the injury victim did not have a condition that predisposed him/her to a more severe injury. This rule protects victims from something they have no control over.
Does eggshell skull rule apply to criminal law?
The eggshell rule can apply to both criminal and civil cases. In a criminal case, prosecutors can use the rule to hold the defendant accountable for all the injuries and consequences a victim suffered due to the crime, even if a pre-existing condition exacerbated these injuries.
What is meant by the thin skull rule?
The thin skull rule makes the defendant liable for the plaintiff's injuries even if the injuries are unexpectedly severe owing to a pre-exisiting yet stable condition.
What is the thin skull rule of damages?
The thin skull rule dictates that defendant must take the victim as he or she is found. There can be no speculation on what damages could have arisen in a car accident or other incident if the victim didn't have a pre-existing condition or had otherwise “normal” health.
How do courts apply the eggshell skull rule?
Susceptible plaintiffs However, this argument is inconsistent with an established doctrine of tort law—the 'eggshell skull' rule. This rule provides that a defendant is liable for the full damage caused to an unusually susceptible or fragile plaintiff, even if the extent of damage would be less in a 'normal' person.
What is crumbling skull in law?
It holds that where a plaintiff had a condition or injury that predates the tort and would have naturally deteriorated or worsened over time (e.g. a crumbling skull), the defendant is not responsible to the degree that the condition or injury would have naturally worsened over time.
What is a thick skull rule?
This rule holds that a tortfeasor is liable for all consequences resulting from their tortious (usually negligent) activities leading to an injury to another person, even if the victim suffers an unusually high level of damage (e.g. due to a pre-existing vulnerability or medical condition).
What is the thin skull rule give an example of when it would apply?
The “thin skull” rule is an old English rule of law which applies in Canada to acts of negligence (a tort) by one person (the tortfeasor) against another person causing personal injury. An example is a slip and fall in a shopping mall parking lot which is not properly kept clean of snow and ice in the winter.
How do you use the thin skull rule?
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What is an eggshell patient?
The answer lies in what is known as the Eggshell Plaintiff doctrine. The doctrine says that a negligent defendant takes the victim as he or she finds the victim–even a victim that is as fragile or delicate as an eggshell. In other words, a defendant may injure someone who is very sturdy, and who heals very quickly.
What is an eggshell fracture?
The doctrine compares an accident that affects two victims. One of the victims has a skull that is as fragile as the shell of an egg while the other victim has a normal skull. In this analogy, the victim with the fragile skull will suffer more severe injuries than the victim with a normal skull.
Does eggshell plaintiff rule apply to intentional torts?
This type of highly susceptible plaintiff is commonly known as an “eggshell plaintiff.” The eggshell-plaintiff doctrine applies to all areas of the law – intentional torts, negligence, strict liability, and criminal law.
What is eggshell defense?
The answer lies in what is known as the Eggshell Plaintiff doctrine. The doctrine says that a negligent defendant takes the victim as he or she finds the victim–even a victim that is as fragile or delicate as an eggshell. In other words, a defendant may injure someone who is very sturdy, and who heals very quickly.
What is an eggshell plaintiff and to what extent is the defendant responsible for his/her injuries?
When a plaintiff can show that his pre-existing condition was made worse because of the defendant's negligence, the law invokes a rule referred to as the “eggshell plaintiff.” This rule says that the defendant must “take his plaintiff as he finds him.” In other words, the defendant in a personal injury case is ...
How do you apply the thin skull rule?
Under the thin skull rule, the defendant must take his victim as he finds him. This means if he has a particularly vulnerable victim he is fully liable for the consequences to them even if an ordinary person would not have suffered such severe consequences.
What Does the Eggshell Skull Rule Mean?
The eggshell skull rule states that a defendant who is liable for a plaintiff’s damages will be liable for them as they are. The defendant will have to pay for the plaintiff’s related medical bills, lost wages and other damages even if that plaintiff had a pre-existing condition that led to more severe injuries than another victim likely would have suffered. The defendant must take the plaintiff as-is, pre-existing conditions and all. The eggshell skull rule holds a defendant responsible for a plaintiff’s uncommon and unforeseeable reaction to the accident or tort.
Who proves the existence of an injury?
It is up to the plaintiff or his or her lawyer to prove the existence and extent of the injury through medical documentation. The lawyer will also need to prove the defendant’s majority share of fault to protect the plaintiff’s eligibility for compensation.
What is the eggshell skull rule?
In simple terms, the eggshell skull rule states that injuries must be taken as they are without speculation about what may have happened if the injury victim did not have a condition that predisposed him/her to a more severe injury.
When was the eggshell skull rule established?
This ruling established the eggshell skull rule in 1891. Over the years, the eggshell skull rule has been applied in many injury cases involving negligent actions and intentional torts that cause injury, such as car crashes, slip and falls, sports-related activities, and physical assaults. Some states have applied the doctrine in cases ...
Why is the eggshell skull rule used?
The eggshell skull rule is only used to determine damages after it has been established that the defendant committed a wrongful act. This means individuals who suffer injuries because of behavior that would not be considered tortious cannot use the rule as the grounds for a lawsuit. The rule is applied in this way to prevent individuals from being sued for behavior that would be considered normal even if another person suffers as a result.
What is the crumbling skull rule?
Under the crumbling skull rule, the plaintiff is awarded damages based on the degree to which the defendant’s actions made their situation worse. This is because a plaintiff with an eggshell skull was enjoying life fully before they suffered as a result of the defendant’s tortious act, but an accident victim with a crumbling skull was already suffering from a condition that would have become more serious over time.
Understanding what an eggshell plaintiff is
The term eggshell plaintiff is typically used to describe injury victims that have pre-existing injuries that defendants in these cases will try to use against them to either deny a claim or lower the amount of money paid in a settlement. To describe how this may be used, we can look at the following example:
Proving these cases can be difficult
Insurance carriers will typically jump right to the conclusion that a pre-existing condition prevents a plaintiff from recovering any compensation at all. You can count on insurance claims adjusters or attorneys for the insurance carrier to try to find pre-existing injuries whenever and wherever they can.
What is an eggshell plaintiff?
While the eggshell plaintiff is a person who suffers from some kind of physical difference that makes them more susceptible to injury, there is also the matter of a plaintiff with a preexisting condition. While it is widely recognized that a defendant will only be responsible for injuries or damages caused by her negligent behavior, it is also recognized that a defendant will be responsible for any damages resulting from the aggravation of a preexisting injury or condition. For example, if a plaintiff involved in an automobile accident previously suffered from a torn rotator cuff, the defendant would be responsible for any injuries resulting from the accident, but would not be responsible for any injuries that the plaintiff would have suffered as a result of having a preexisting condition. Naturally, this can lead to some complex cases, especially if the plaintiff were already recovering from prior injuries.
What is the rule of personal injury?
In such cases, an individual is injured due to the negligence or recklessness of another party and seeks compensation through the court. While each case is different and depends on the facts, it is a well-known legal tenet that a defendant takes ...
Is a bump on the head a negligence?
As a result, even a gentle bump on the head could prove to be disastrous. If the plaintiff with the eggshell-thin skull is injured by the negligence of another person, then that person would be liable for any and all injuries resulting from his actions.
Does a defendant have to show a higher duty of care to an eggshell plaintiff?
Interestingly enough, while the defendant must accept the plaintiff as he finds him, he does not have to show a higher duty of care to the eggshell plaintiff. A defendant must only have violated an ordinary standard of care in order to be found responsible for damages. In addition to this, however, under tort law, a plaintiff does not even have to have a natural condition that creates aggravated injuries, and may also have preexisting conditions that are aggravated as a result of the injury.
