The eggshell skull rule has been used in many cases for example, The infamous cases of Smith v. Leech Brain & Co. Ltd. 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. This doctrine is applied in accident cases, where the defendant aggravates a plaintiff’s existing condition. See Dulieu v. White & Sons, (1901) 2 K.B. In essence, this means that a claimant’s particular psychiatric injury does not need to be foreseeable – the mere fact that some psychiatric harm is foreseeable is enough to satisfy the criteria. Gulisano Law, PLLC. Oct 9, 2019 The “Eggshell Skull Rule” is a longstanding principle in workers’ compensation law. But the force used against him by the swarm of deputies accelerated his death; how soon he would have died from causes unrelated to the use of that force is relevant only to damages.” Id. The eggshell skull rule is by and large what refers to a plaintiff that has a pre-existing condition. Eggshell Economics: A Revolutionary Approach to the Eggshell Plaintiff Rule STEVE P. CALANDRILLO* & DUSTIN E. BUEHLERt For more than a century, courts have universally applied the eggshell plaintiff rule, which holds tortfeasors liable for the full extent of the harm inflicted on vulnerable "eggshell" victims. In a criminal case, prosecutors can use the rule to hold the defendant accountable for all the injuries and consequences a victim suffered due to the crime, even if a pre-existing condition exacerbated these injuries. 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 … In short, the defendant is responsible for whatever adverse consequences the plaintiff suffers—whether they are “foreseeable” or not. It means that a defendant is liable for any damages resulting from the injury they caused the claimant. (emphasis added). Most people are familiar with the concept behind a personal injury case. Some jurisdictions, attorneys, and judges refer to the eggshell plaintiff rule in a different way when it comes up in a personal injury lawsuit or another type of civil case. “[T]he familiar but accurate doctrine [is] that ‘the tort feasor takes the plaintiff as he finds him’ ….” See Silva v. Stein, 527 So. They argued that any ongoing symptoms were not connected and could not be attributed to the accident. An injured person is entitled to recover full compensation for all damages that proximately result from a defendant’s tortious act, even if some or all of the injuries might not have occurred but for the plaintiff’s preexisting physical condition, disease, or susceptibility to injury. However, the Court found “[t]his contention and that reliance are entirely misplaced in this situation.” Silva, 527 So. In Johnson v. Clark, 484 F. Supp. 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. See also, Mowbray v. Carnival Corp., No. Coral Springs, FL 33076, Email Have a Legal Question? 2d 943, 943 (Fla. 3d DCA 1988). Click the icon above to call Gulisano Law now for a free consultation. “On this ground, the defendant beauty shop owner claims that since the extent of the plaintiff’s injury was thus ‘unforeseeable,’ the defendant is not liable.” Id. The ‘Egg-shell Skull’ Rule. The eggshell rule can apply to both criminal and civil cases. 6 ... skull’ rule, it considers the potentially appropriate parameters of this rule as it relates to moral convictions. There was a considerable impact between the vehicles and both were written off after the 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. An eggshell is often used as a visual metaphor for the thin skull rule. “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. The eggshell skull rule, or a version of it, exists in most states. 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. 669 (plaintiff died from contact caused by defendant where the ordinary person would have suffered only a bump to the head). For example, in Richman, deputy sheriffs were sued for violating the federal constitutional rights of the plaintiff’s son who died resisting arrest. 2d 943, 944 (Fla. 3d DCA 1988). The eggshell skull rule states that a defendant will be liable for the damages afflicted on a victim as-is, even if that victim had a pre-existing condition that made the injuries worse than they likely would have been for someone else. The Court stated “[b]ecause of his infirmities, Richman did not have a normal life expectancy. He also accepted that the rendering of the elbow arthritis symptomatic was likely to be in the ‘severe and permanent’ category of injuries. 2d at 944 (quotation omitted). ", © Copyright 2006 - 2020 Law Business Research. 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