Define: Eggshell Skull Rule

The Eggshell Skull Rule, also known as the “thin skull” or “eggshell plaintiff” rule, is a legal principle that holds a defendant liable for the full extent of a plaintiff’s injuries, even if the plaintiff had a pre-existing condition or vulnerability that made them more susceptible to harm.

In personal injury cases, the Eggshell Skull Rule means that a defendant is responsible for compensating a plaintiff for all damages caused by their actions, regardless of the plaintiff’s pre-existing conditions or vulnerabilities.

No, the Eggshell Skull Rule prevents defendants from using a plaintiff’s pre-existing condition as a defence to reduce their liability. The defendant must take the plaintiff as they find them, regardless of any pre-existing conditions.

Yes, the Eggshell Skull Rule applies to both physical and emotional injuries. If a defendant’s actions cause emotional distress or exacerbate a pre-existing psychological condition, they can be held liable for the resulting damages.

While the Eggshell Skull Rule is generally applied in personal injury cases, there may be exceptions in certain circumstances. For example, if the plaintiff’s pre-existing condition was unrelated to the defendant’s actions, it may not be considered in determining liability.

No, the defendant cannot argue that the plaintiff’s damages would have occurred regardless of their actions. The Eggshell Skull Rule holds the defendant responsible for all damages caused by their actions, regardless of the plaintiff’s vulnerability.

The Eggshell Skull Rule requires the defendant to compensate the plaintiff for the full extent of their injuries, including any aggravation of pre-existing conditions. This means that the damages awarded to the plaintiff may be higher due to their vulnerability.

No, the defendant cannot avoid liability by claiming ignorance of the plaintiff’s pre-existing condition. The Eggshell Skull Rule holds the defendant responsible for all damages caused by their actions, regardless of their knowledge of the plaintiff’s vulnerability.

Yes, the plaintiff’s own negligence can be considered in determining liability, but it does not absolve the defendant of their responsibility under the Eggshell Skull Rule. The defendant is still liable for the full extent of the plaintiff’s injuries, even if the plaintiff was partially at fault.

The Eggshell Skull Rule can impact settlement negotiations by increasing the potential damages that the defendant may have to pay. Defendants may be more inclined to settle to avoid the risk of a higher jury verdict that takes the plaintiff’s vulnerability into account.