On the other side, the application of the eggshell skull rule can be complicated by many things. The issue is not whether the accident would have injured a healthy person, but whether the event hurt the actual plaintiff. If a single punch kills someone because of their thin skull, that victim's weakness cannot mitigate the seriousness of the crime. 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. The Eggshell Skull rule deals with plaintiffs that have pre-existing medical conditions. One day, this person gets into an altercation with another person, who punches him or her in the head. Mesa, This is, in essence, the eggshell plaintiff rule. Uninsured & Underinsured Motorist Accidents, individual who isn’t paying attention rear ends, The Eggshell Skull Rule and How It Applies to Personal Injury. It is easier to compensate for cases where damages are physical. The rule is applied in tort and criminal cases involving a plaintiff in a vulnerable, weakened state or suffering from a medical condition. Lawyers usually invoke this legal doctrine in cases where there is negligence. The eggshell skull doctrine protects those in cases where the injuries are worse or amplified because of a pre-existing condition. Compared to negligent torts, damages for intentional torts are always broader in size. ( Log Out /  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. One needs to hire a lawyer who will represent his or her interests well. He died three years later from cancer triggered by the injury. The negligent party is responsible for injuries suffered by the injured individual regardless of any preexisting conditions. ( Log Out /  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—also called the thin skull rule—says that you take your victim as you find them. The individual who caused harm will take responsibility for placing the plaintiff in a better position. The position should be much better compared to what they were in before the current situation.Beyond Physical Injuries. 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). The rule obtains its name from a common example used in law school. 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. Your colleague gets little more than a bruise and shrugs it off within a couple of days. The original offender will not be liable for the new injuries. Imagine this scenario: you and your co-worker both have exactly the same accident at work – say a bump to the head. The eggshell skull rule comes from an example often used to explain the concept to law students. Invisible wounds cannot be measured hence not liable for a specific amount of compensation. For example, say that someone has a very thin and fragile skull – like an eggshell. The plaintiff might suffer from a detrimental position, pre-existent to the occurrence of the present tort. In the world of personal injury law, this is referred to as the “Eggshell” Plaintiff or Eggshell Skull rule. 414 East Southern Ave. 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. Attorneys often use the eggshell skull rule when an at-fault driver’s negligence aggravates a victim’s pre-existing injury or condition. An individual is held accountable for what happens from an activity even where there is no fault. Such a situation can arise when a plaintiff puts himself in a position where he is likely to be harmed. 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. For example, an injured individual is involved in an accident while in anambulance. In this example, there is an imaginary person with a skull that is as fragile as an eggshell. A rebuttal to the eggshell skull rule is the crumbling skull rule. Aggravation of preexisting conditions are compensable under the eggshell skull rule. 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. The court can dismiss resulting injuries on the grounds that they were not foreseen. ( Log Out /  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. Insurance providers still try to fight claims that contain pre-existing conditions, even when they were the insurer. 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. Change ), You are commenting using your Facebook account. 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 … 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. The law is mostly applicable when dealing with elderly and disabled individuals. 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 … More specifically, cases of comparative negligence. There is no allowance for an already weakened state of the injured party. 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. Understanding this Rule and how it applies to no-fault claims in Florida is a bit complex. through in-person consultations, video chat, phone, or email. The information on this website is for general information purposes only. Change ). case or situation. An individual who undergoes a heightened psychological reaction to a tortuous event, then he or she is open for compensation. 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. 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 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. Such lawyers will also represent them accordingly when dealing with insurance companies. However, the plaintiff can still seek compensation for damages. 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 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’. Nothing on this site should be taken as legal advice for any individual The defendant is responsible regardless of the plaintiff’s health condition. Similarly, when the injured is in the hands of negligent medical personnel, the hospital takes the blame for resulting consequences. An intentional tort occurs when civil wrongdoing is declared an intentional act. The Eggshell Plaintiff rule says that you take your victim as you find him or her. Kerdasha, 629 S.E. AZ 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”). In cases of an intervening cause, the initial injury can cause further damage. 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. Change ), You are commenting using your Google account. Let’s say an injury is caused by a completely unrelated situation. ... Filing a lawsuit is never the first step when it comes to resolving a dispute. Blame can be removed from the defendant. The ball of contention has always been whether accident victims should be compensated if the incident aggravates a pre-existing condition. 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 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. The “Eggshell Skull” Rule This legal concept is a descriptive term for the idea that you take your plaintiff as you find him. The eggshell skull doctrine makes a defendant liable for the plaintiff’s unforeseeable reactions to the defendant’s negligent act. It means that a defendant is liable for any damages resulting from the injury they caused the claimant. This group is vulnerable to injury due to their existing conditions. An eggshell is often used as a visual metaphor for the thin skull rule. Eggshell Skull Rule. A Plaintiff means that you are suing somebody; you have a claim for damages. Mesa, AZ 85204. Application of eggshell skull rule beyond physical injuries has remained debatable. Unusually Susceptible Plaintiff - Free Legal Information - Laws, Blogs, Legal Services and More 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. PRE-EXISTING CONDITION LAW “EGGSHELL SKULL” RULE CHRISTIAN-ATTORNEY.NET. This is to enable apportioning of damages. What Is The Eggshell Skull Rule? This information is not intended to create, and receipt The eggshell skull rule applies to accident victims with pre-existing medical conditions or physical limitations. What Is The ‘Eggshell Skull’ Rule? But what if it also works the other way? Doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. EGGSHELL SKULL: A well-established legal doctrine that a defendant must 'take their victim as they find them'. The eggshell skull rule is often also called thin skull rule. contact us if you have any questions! The person dies because of being hit on the head. Change ), You are commenting using your Twitter account. 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 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 short, the law provides a safe haven for the victim’s susceptibility. 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. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. 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. For this reason, this rule is sometimes referred to as the “eggshell skull” rule as well. However, it is difficult to prove intentional torts, especially in felony crimes. Please don’t 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. *The eggshell rule is also applicable in criminal law. The metal burned him on his lip, which happened to be premalignant tissue. Even though the final decision lies with the court, the compensation amount can (in some cases) be lowered. Map & Directions [+]. For example, if I threw a tennis ball at force at your head, you might suffer a slight bruise or some discomfort. 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. 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. Enter your email address to follow this blog and receive notifications of new posts by email. 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. Before applying the eggshell skull rule, the following factors are first enacted into consideration that makes the plaintiff vulnerable to harm: 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. Additionally, the eggshell rule is also applicable in strict liability cases. The eggshell rule can also be applied when an intentional tort occurs. The defendant only takes liability for the initial injuries. When it comes to psychological damages, the rule might apply partially. 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