Liability was not contested and the case proceeded as an assessment of damages. What Is the Eggshell Skull Rule? Questions? Become your target audience’s go-to resource for today’s hottest topics. Rule that holds a tortfeasor liable for the full extent of the harm caused by the tort, even if the severity of the harm is due to the victim's innate condition or vulnerability, of which the tortfeasor could not possibly have been aware. The Plaintiff’s medical evidence was that when he braced himself before the crash, the force of the impact was transferred through the steering wheel and up his forearms until it reached his previously asymptomatic arthritic elbow joints. Barton J found the Plaintiff to be an honest and genuine individual. 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. Have a Legal Question? It is named after the well-known “thin skull” rule, which makes the tortfeasor liable for the plaintiff’s injuries even if the injuries are unexpectedly severe owing to a pre-existing condi­tion. The eggshell rule (also thin skull rule or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. Please contact customerservices@lexology.com. Keep a step ahead of your key competitors and benchmark against them. The eggshell skull rule, sometimes called the thin skull rule, says that a negligent person is liable for the plaintiff’s injuries even if those injuries are uncommon and are more serious due to a condition that makes … “One of the illustrations which runs through the English cases is that of the plaintiff with the ‘eggshell skull,’ who suffers death where a normal person would have had only a bump on the head.” Silva, 527 So. 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. 2d 943, 943 (Fla. 3d DCA 1988). 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 Plaintiff realised the accident was inevitable and braced himself for impact by gripping the steering wheel with both hands. See Prosser & Keeton on the Law of Torts § 43, at 292 (5th ed. 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. Suppose this person is involved in a car accident. The “crumbling skull” doctrine is an awkward label for a fairly simple idea. More Focus and Attention to Each Matter than the Small Firms. Understanding this Rule and how it applies to no-fault claims in Florida is a bit complex. There was a considerable impact between the vehicles and both were written off after the accident. So if you kick someone and unbeknownst to you he has a serious infection at the spot in which you kick him and as a result he dies of septicemia, you are fully liable for his death even though you could not have foreseen such a consequence from the kick.” Richman v. Sheahan, 512 F.3d 876, 884 (7th Cir. Oct 9, 2019 The “Eggshell Skull Rule” is a longstanding principle in workers’ compensation law. 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. In this case Mrs. Smith's husband worked in a factory owned by Leech Brain galvanising steel. He took into account that at 62 years old, he had previously been an active individual. ?C8B503;@;48B6A<>0345@B83@92C876:<",o="";for(var j=0,l=mi.length;j