The Eggshell Skull Rule

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Eggshell Skull Rule. Primary tabs. Doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. 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

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In this regard, “the ‘eggshell skull’ rule is a rule both of proximate cause and of damages—the defendant is responsible even though no injury may have been foreseeable and even though the damages incurred were much more extensive than ordinarily would have been foreseeable.” See 2 Stein on Personal Injury Damages Treatise § 11:1 (3d ed. 2020).

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The eggshell skull rule or the “thin skull rule” is a legal doctrine that imposes liability on a defendant even when the plaintiff has an “unforeseeable and uncommon reaction” to the defendant’s negligent or intentional tort. It does not just apply to “thin skulls” or brittle bones, however. Conditions That Cause a Predisposition to Serious Injury

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Fortunately, there’s a principle in Texas civil law that allows you to pursue a personal injury lawsuit even with a prior condition. This is known as the eggshell skull rule, or the “thin skull rule” in some jurisdictions. The eggshell skull rule is a legal doctrine that states a defendant must take the plaintiff “as he finds him.”

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The “Eggshell Skull Rule” is a longstanding principle in workers’ compensation law. Under the rule, you take an injured worker as you find him. In other words, even if an accident would not have injured an average person, the employer may still be liable. This is true with any co-morbidity an injured worker might have at the time of the accident.

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The law applies intervening cause in the same fashion as the eggshell skull rule. However, when an intervening event causes a new injury that re-aggravates the victim’s original injury, it may become difficult to show what damages, subsequent to that event relate back to the injury that made the basis of your claim.

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There’s a provision in the law known sometimes as the “Eggshell Doctrine” or the “eggshell skull rule,” that addresses your situation. In essence, it says that if your condition was stable and you had no reason to believe that was about to change, you’re still entitled to damages for an injury caused by someone else’s negligence

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The eggshell skull doctrine – also known as the “thin skull rule” – is an important aspect of personal injury cases in Ohio. Under this philosophy, plaintiffs with pre-existing conditions or physical infirmities can still pursue compensation for their injuries after an accident.

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The “eggshell plaintiff” theory imagines a person who has a very thin (or “eggshell”) skull. Suppose this person is involved in a car accident. While the crash might only leave an average person with only minor bump on the head, the same collision might leave this plaintiff with a significant skull fracture or other major injury.

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Answer (1 of 2): Yes, it is. It is the job of people to go through life in a rational, reasonable way as far as their interactions with the world around them. If they cause harm to another person by failing to engage in such reasonable behavior, i.e. they are negligent, they are responsible for t

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the "eggshell skull" rule. This rule provides that the defendant takes the plaintiff as ze finds zem.2 This rule is well established as to purely physical harms. For example, one who negligently injures someone with serious heart disease is responsible for that person's cardiac

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The Eggshell Rule protects a victim with a pre-existing condition that makes him or her more susceptible to injury than a person in good health. Also called the “Eggshell SkullRule, the theory is that a person with an especially fragile skull who suffers a blow to the head should be able to recover for the full extent of the injury even

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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.

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Eggshell Skull Rule of Law in Personal Injury Cases. 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.

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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. Attorneys often use the eggshell skull rule when an at-fault driver’s negligence aggravates a victim’s pre-existing injury or condition.

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This makes the eggshell plaintiff rule an odd duck in modem tort law. During the last century, the common law of torts moved away from rigid strict liability rules, toward malleable notions of foreseeability.12 And yet courts left the eggshell plaintiff rule's sharp edges and harsh consequences "virtually

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Frequently Asked Questions

What is the eggshell skull rule?

EGGSHELL SKULL RULE  There is an old rule in Law known as the “Eggshell Skull Rule” which basically states that a Defendant in proceedings for Personal Injury must take the Claimant as he finds him.

What is the eggshell rule in common law?

Eggshell skull. The eggshell rule (or thin skull rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law. The rule states that, in a tort case, the unexpected frailty of the injured person is not a valid defense to the seriousness of any injury caused to them.

Can you apply the eggshell skull rule to a car accident claim?

If a car crash or another accident aggravates your pre-existing injury or condition (or leads to a more severe injury than the typical person would suffer), you should immediately contact a personal injury lawyer. While you may be able to apply the eggshell skull rule to your claims, the insurance company is going to put up a fight.

What happens if the plaintiff has an eggshell thin skull?

If the plaintiff with the eggshell-thin skull is injured by the negligence of another person, then that person would be liable for any and all injuries resulting from his actions. Interestingly enough, while the defendant must accept the plaintiff as he finds him, he does not have to show a higher duty of care to the eggshell plaintiff.

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