Is the driver who caused the car accident responsible for all of your injuries, even though you were hurt so badly in part because youre more susceptible to injuries than a normal person? The answer is yes, because of an established legal doctrine known as the eggshell skull rule.. Suppose your skull is especially fragile, like the shell of an egg, and another person negligently drops something on your head. Then, the judge will instruct the jury on their deliberations., including information about the eggshell skull rule. See, e.g. Even though your pre-existing condition contributed to your injuries, the at-fault party will still be liable for your damages. In [], With more than 100,000 vehicles, nearly 125,000 drivers, and an annual revenue estimated at around $84 billion, FedEx is easily one of the largest trucking companies in the United States. The employers are liable for all of the consequences of their negligence; thus, liable for the employees death. If this is the difficult position you find yourself in, you need an experienced. Many of these claims involved pre-existing injuries and conditions, from degenerative disc disease and arthritis to autism. The students sat next to each other across an . It is important to note, however, that the other party cannot be held responsible for the pre-existing condition itself or for a recurrence that is not related to the accident in question. The person who threw the chalk is responsible for the actual injuries incurred. The eggshell skull rule is a longtime common law legal doctrine that holds that a wrongdoer takes the victim in the condition he/she finds him. [5] 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 contact, even if the tortfeasor did not intend to cause such a severe injury. While personal injury law is always challenging, your claim can be made all the more complicated by a pre-existing condition (that predates the accident in question); this is where the eggshell rule comes into play. The eggshell skull rule (or thin skull rule) describes the principle that a defendant must "take the victim as he finds them". "Eggshell skull" refers to a legal doctrine, which holds that a defendant 's liability in a tort claim is not mitigated by a plaintiff's unforeseeable, pre-existing susceptibility to injury. All Rights Reserved. The defendants were held to be negligent and liable for damages to the complainant. Moreover, it often requires the presentation of medical evidence that shows the extent of injuries and damages caused by the incident. 5440 Harvest Hill Rd #200Dallas, TX 75230. From: Take a look at some weird laws from around the world! [] Eggshell Skull . Equality before the law puts a heavy onus on the person who would argue that the "unusual" reaction of an injured plaintiff should be disregarded because a minority religious or cultural situation may not have been foreseeable. See 2 Stein on Personal Injury Damages Treatise 11:1 (3d ed.) eggshell skull doctrine: A rule that holds a tortfeasor liable for all consequences resulting from a tortious and/or negligent act that led to the injury of another person, regardless of whether the victim was unusually susceptible to harm. In fact, [], If your neighborhood is anything like ours, chances are you see a steady stream of delivery trucks, vans, and other vehicles pass by your house or apartment on a daily basis. Can Owners Be Held Liable for the Negligent Handling of Animals? If you or someone you love has been injured in a car accident or otherwise hurt by someone elses negligence, please schedule your free, no-risk consultation by calling 210-LAW-3000 | 210-529-3000or completing this brief online contact form. 1891), [Last updated in June of 2021 by the Wex Definitions Team], Vosburg v. Putney, 50 N.W. Eggshell refers to the example used in many law schools where a plaintiff has a rare condition that leaves them with a fragile skull. This field is for validation purposes and should be left unchanged. It turned out that the victim had an unknown microbial condition that was irritated, and resulted in him entirely losing the use of his leg. Youve been rear-ended. The eggshell skull rule, also known as the thin skull rule, is a common law doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. The "eggshell skull" rule famously stipulates that the tortfeasor takes his victim as he finds him, which means in practical terms that the defendant remains liable for all injuries that he caused in a susceptible plaintiff who had preexisting vulnerabilities. Shortlisted for the 2019 Victorian Premier's Literary Awards for Non-fiction A fiercely intelligent, heartbreakingly honest memoir and feminist call to arms in the tradition of Fight Like A Girl Eggshell Skull: A well-established legal doctrine that a defendant must 'take their victim as they find them': If a thin skull caused the death of someone after a punch, that victim's weakness cannot . The eggshell skull rule gets its name from a common example often used to describe a situation where the plaintiff . The Eggshell Plaintiff Rule, also known as the "Eggshell Skull" or "Peculiar Susceptibility" Rule, is a well-established but complicated legal doctrine that can make a defendant liable for the injured plaintiff's uncommon reactions to the defendant's intentional or negligent behavior. This applies to any degree of harm the victim suffers that aggravates an existing condition or injury. As a result, a hemophiliac may bleed excessively when injured, even when the same injury would only have caused minimal bleeding in someone who did not suffer from the condition. They suffered $100,000 in damages. 2d 1242, 1258 (M.D. When this applies, the victim might only recover damages that result directly from the incident. "You have an excellent service and I will be sure to pass the word.". 08-20931-CIV, 2009 WL 10667070, at *6 (S.D. Essentially, this boils down to one thing. If you have a pre-existing condition that is exacerbated by injuries you sustain in an accident, the at-fault party may be responsible for your related losses. Examples and Applications. When a personal injury lawyer wants to apply the eggshell rule, there are two situations that complicate it. This person is hit in the head by someone else. The Eggshell Skull Rule Protects People With Pre-Existing Vulnerabilities, How the Eggshell Skull Rule Applies in Personal Injury Claims. The same duty of care . Contact our firm today to schedule a confidential and free case evaluation. Although depositions are not given before a judge, the things that you say will be considered [], Traffic safety experts and auto manufacturers have known for decades that large passenger vans are especially likely to be involved in certain kinds of serious crashes. But it can be difficult to determine who is at fault in an intersection accidentwith many turning into a he said, she said situation. Its much harder to explain how the emotional trauma of a crash worsened your anxiety or depression. If you have a pre-existing condition and fall victim to another persons negligence, its important to work with a team of Houston personal injury lawyers. The doctrine originated in the 1901 English case of Dulieu v. While these vans are a convenient way to transport groups of people, larger vehicles require a greater degree of driving skill to operate safelyparticularly when fully loaded with passengers [], Theres a lot of confusion about Texas U-turn laws. Therefore if someone has a reaction to something but that reaction is because the claimant has a pre-existing condition or is more sensitive to something, the defendant will still be held liable for the injury. But with emotional and invisible injuries, there is no straightforward way to objectively measure the amount of pain an individual experiences and equate it to the trauma associated with a physical injury. It is essential to emphasize that the eggshell skull doctrine does not entitle the plaintiff to compensation for an unrelated pre-existing injury. Once a person makes a mistake, he doesn't get to hide behind your existing frailty. This doctrine is used in some tort law systems, it is sometimes also used in criminal law system. eggshell skull rule Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. The attorneys at Grossman Law Offices have 25 years of committed personal injury experience, and have consistently obtained favorable settlements and judgments. So, isn't it unfair to the building owner that for the same bad act, he ended up owing easily ten times the money to the hemophiliac than he did the other man? The evidence was that Plaintiff, like the plaintiff with the eggshell skull discussed in law-school classes, was relatively fragile and easily damaged by the type of attacks in which Defendant engaged. . In short, the defendant is responsible for whatever adverse consequences the plaintiff sufferswhether they are foreseeable or not. Stein sustained a severe immunological reaction which was literally unprecedented in medical history. Silva v. Stein, 527 So. This is a longstanding legal rule that can be easily demonstrated with the following simplified example: Although we generally dont consider throwing a piece of chalk as being particularly risky, we dont get to pick and choose regarding pre-existing conditions. The Eggshell Skull Rule is used in Massachusetts cases where an accident victim has a preexisting injury or medical condition that is aggravated by an accident. He had been working and operating a machine in the workplace, when a piece of molten metal burnt his lip, after he stepped out from behind the protective shield. The eggshell skull rule is a doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligence. Our legal team knows how to apply courtroom experience and legal expertise to combat the insurers unfair tactics.. According to this rule, the at-fault person in an accident is liable even when a pre-existing condition makes the victim more susceptible to harm. Workers' Compensation Attorneys | Personal Injury Lawyers While you may be concerned that your mental illness will discredit your claim, you may be protected under the law via the eggshell skull rule. Copyright 2022.All Rights Reserved. Their skull is thin and delicate, like an eggshell. A tortfeasor must take his victim as he finds him (Smith v Leech Brain & Co Ltd [1962] 2 QB 405). 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