Thin Skull Rule and Personal Injury Law
- The defendant owes the plaintiff a duty.
- The defendant did not fulfill the duty.
- Harm came to the plaintiff because of that lack of fulfillment of duty.
- The harm results in a loss, such as medical bills, lost time at work (wages), and pain and suffering.
Full Answer
What is the thin skull rule in law?
Thin Skull Rule Law and Legal Definition. Thin skull rule is a principle of common law which states that particularly fragile victims of torts should be fully compensated for their losses, even where the damages arising out of their predisposing condition were not foreseeable to the defendant’s particular susceptibility.
What is the eggshell skull rule?
The eggshell skull rule (AKA “egg shell rule” or “thin skull rule”) is a principle in civil law which states that all victims should be fully compensated for their losses, even in situations where the victim was more-susceptible to injury due to a predisposing condition or preexisting injury.
What is the thin skull defense in a personal injury case?
In a Thin Skull defense, the defendant’s lawyer argues that the plaintiff suffers from pre-existing conditions or a status that makes their injuries worse than expected. Therefore, the defendant simply did not reasonably know about the defendant’s condition.
What is the crumbling skull rule in personal injury cases?
A common caveat that may arise is the countervailing rule known as the crumbling skull rule. The crumbling skull rule by contrast operates to limit recovery of compensation where the victim of the accident had a pre-existing condition that would have degenerated into the injury regardless of the accident in question has occurred.
What is thin skull rule in UK law?
The principle that dictates that a defendant is liable for the full extent of the harm or loss to the claimant even where it is of a more significant extent than would have been expected, due to a pre-existing condition or circumstance of the claimant.
What is the effect of 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 purpose of the eggshell skull rule?
The Eggshell Skull Rule states that a defendant in a personal injury case will be responsible for the damage caused as-is, even if the victim had a pre-existing condition that made him or her predisposed to serious injury.
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.
Where does the thin skull rule come from?
The thin skull rule, also known as the “egg- shell rule”, is a well-established principle in both English tort and criminal law. In Owens v Liverpool Corp [1939] 1KB 394, it was held that “it is no answer to a claim for a fractured skull that the owner had an unusually fragile one”.
What is a thin skull plaintiff?
The term “thin skulled plaintiff ” is an odd sounding rule of law. The thin skull rule makes the tortfeasor (an individual who commits a wrongful act that injures another) liable for the victim's injuries even if the injuries are unexpectedly severe because of a pre-existing condi tion or other vulnerability.
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.
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 thick skull Blood Bowl?
Thick Skull (Strength) This player treats a roll of 8 on the Injury table, after any modifiers have been applied, as a Stunned result rather than a KO'd result. This skill may be used even if the player is Prone or Stunned.
What does it mean to take your victim as you find them?
The eggshell skull rule—also called the thin skull rule—says that you take your victim as you find them. Essentially, the frailty of the person who was injured cannot be used as a defense to limit the liability of the at-fault party.
What does res ipsa loquitur stand for?
the thing speaks for itselfLatin for "the thing speaks for itself."
Why do some people have thick skulls?
Powerfully built individuals may in fact have rather thin cranial vaults, whereas small, slightly built people may have thick skulls. Since the degree of cranial fracturing due to external force has been related to cranial thickness and bone structure (see e.g. Gurdjian et al.
Do females have thicker skulls?
According to a new imaging study of 3,000 people using the latest in imaging analysis techniques, women's skulls are thicker than men's, and both shrink slowly in adulthood. The average skull thickness for men is 6.5 millimeters, and the average for women is 7.1 mm.
Can someone have a thick skull?
To be inflexible or stubborn; to be overly willful or obstinate.
Is it possible to have a thick skull?
[174] One of the few things about the Piltdown bones which has not been settled is the unexplained thickness of the cranial bones. The maximum thickness of the parietal bones, for example, is 12 mm. While this can occasionally be matched in a contemporary skull, such a thickness is seldom encountered in a normal skull.
How the Thin Skull Rule Works
The term “thin skull” derives from the idea that if an individual has a fragile skull, and an assailant or tortfeasor was unaware of the condition prior to hitting the victim on the head, resulting in a fractured skull, the responsible party would still be liable for damages regardless of the foreseeability of the damages.
The Thin Skull Rule in Accident Cases
If an injury victim has a pre-existing condition that worsened because of an accident, or suffered unusually serious injuries in an accident stemming from the condition, it may be possible to seek full compensation for all of the damages sustained if a negligent party caused them.
What is the thin skull rule?
The thin skull rule says that the plaintiff’s physical, social, and economic status is taken into account. This means that the defendant is responsible, even if he or she is unaware of the pre-existing condition. An example of this would be if someone had a medical condition such as brittle bone syndrome.
Why is the thin skull rule important?
The thin skull rule is centuries old, and protects the plaintiff when their injury is aggravated by the negligence of the defendant. If you, the plaintiff, have a pre-existing condition, you will need to prove your condition through a testimony of medical experts. The reason for this is that it is easier to prove that your injury is because ...
What is the rule of a plaintiff?
This rule states that the plaintiff has had a condition or injury that predates his or her claim that has become worse over a period of time. The defendant is not responsible for the deterioration over time. The defendant is responsible for the degree of an injury being worsened due to what the plaintiff is claiming in his or her litigation.
Does the thin skull rule help the defendant?
The defendant caused the damages you suffered, such as wage loss, medical bills, and pain and suffering. The thin skull rule does not help the defendant. Having a pre-existing condition or injury may complicate your case, it does not disqualify you from getting compensation.
Can a defendant claim brittle bone syndrome?
If the plaintiff gets into a car accident that breaks a bone or two, the defendant can’t claim that the brittle bone syndrome caused the breaks. The thin skull rule differs from the crumbling skull rule, though the two are related. This rule states that the plaintiff has had a condition or injury that predates his or her claim ...
