Define: Eggshell Skull

The eggshell skull rule, also known as the thin skull rule, is a legal principle that holds a defendant liable for the full extent of a plaintiff’s injuries, even if the plaintiff’s pre-existing condition or vulnerability made them more susceptible to harm than an average person. In other words, the defendant must take the plaintiff as they find them, regardless of any pre-existing conditions or fragility. This rule ensures that defendants cannot escape liability by arguing that the plaintiff’s injuries were unusually severe due to their underlying health condition or susceptibility. Instead, the defendant is responsible for compensating the plaintiff for the actual harm caused, regardless of the plaintiff’s unique vulnerabilities.

A hypothetical medical condition used to illustrate the idea that if you are at fault when you injure someone, you are responsible for all the consequences, whether you could have foreseen them or not. For example, if you cause an injury to a haemophiliac who begins to bleed severely, you are responsible for whatever happens to him, even though you had no way of knowing that the injury would be so severe.

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This glossary post was last updated: 29th March 2024.