In such cases, an individual is injured due to the negligence or recklessness of another party and seeks compensation through the court. PRE-EXISTING CONDITION LAW “EGGSHELL SKULL” RULE CHRISTIAN-ATTORNEY.NET. The original offender will not be liable for the new injuries. *The eggshell rule is also applicable in criminal law. This information is not intended to create, and receipt However, the plaintiff can still seek compensation for damages. 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 metal burned him on his lip, which happened to be premalignant tissue. 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. Enter your email address to follow this blog and receive notifications of new posts by email. Change ), You are commenting using your Twitter account. ... 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. Understanding this Rule and how it applies to no-fault claims in Florida is a bit complex. 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 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. Your colleague gets little more than a bruise and shrugs it off within a couple of days. 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. Insurance providers still try to fight claims that contain pre-existing conditions, even when they were the insurer. Eggshell Skull Rule of Law in Personal Injury Cases. Blame can be removed from the defendant. More specifically, cases of comparative negligence. Kerdasha, 629 S.E. If the negligence of the defendant aggravates a plaintiff’s existing condition, the rule is applied. The eggshell skull rule should not be mistaken for the crumbling skull rule. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. An intentional tort occurs when civil wrongdoing is declared an intentional act. 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. 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”). During the COVID-19 pandemic, we remain available to our clients, including The person dies because of being hit on the head. 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. 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 Eggshell Plaintiff rule says that you take your victim as you find him or her. 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 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. Even though the final decision lies with the court, the compensation amount can (in some cases) be lowered. 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 … AZ When it comes to psychological damages, the rule might apply partially. 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’. Justia - California Civil Jury Instructions (CACI) (2020) 3928. On the other side, the application of the eggshell skull rule can be complicated by many things. Additionally, the eggshell rule is also applicable in strict liability cases. ... the negligent party is liable for such injuries, because of the "egg-shell skull" rule (“thin-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. through in-person consultations, video chat, phone, or email. In this case, the state of health is not put into consideration. 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. EGGSHELL SKULL: A well-established legal doctrine that a defendant must 'take their victim as they find them'. Change ), You are commenting using your Google account. A Plaintiff means that you are suing somebody; you have a claim for damages. ( Log Out /  For example, an injured individual is involved in an accident while in anambulance. 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. Most people are familiar with the concept behind a personal injury case. The "eggshell skull" rule makes the tortfeasor take his/her victim as s/he finds him. The eggshell skull doctrine makes a defendant liable for the plaintiff’s unforeseeable reactions to the defendant’s negligent act. In this case, the victim should be treated as he/she was unable to prevent what had occurred. Before applying the eggshell skull rule, the following factors are first enacted into consideration that makes the plaintiff vulnerable to harm: An eggshell is often used as a visual metaphor for the thin skull rule. Please don’t For you, the effects are more serious. Mesa, Such injuries can be treated but traumatic outcomes cannot be healed because they are invisible. A rebuttal to the eggshell skull rule is the crumbling skull rule. The defendant is responsible regardless of the plaintiff’s health condition. One needs to hire a lawyer who will represent his or her interests well. 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. ( Log Out /  For a plaintiff to be compensated as deserved, there is the need for the victim to have experienced lawyers. The eggshell skull rule is by and large what refers to a plaintiff that has a pre-existing condition. 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. In short, the law provides a safe haven for the victim’s susceptibility. It is easier to compensate for cases where damages are physical. Out / Change ), you are commenting using your WordPress.com account driver’s negligence a.: you and your co-worker both have exactly the same accident at work – say a bump to the or... For the victim to have experienced lawyers for a specific amount of compensation lawyers will also represent them accordingly dealing. Some discomfort the crumbling skull eggshell skull rule within a couple of days ( Log Out / Change ) you! 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