The metal burned him on his lip, which happened to be premalignant tissue. The law is mostly applicable when dealing with elderly and disabled individuals. However, it is difficult to prove intentional torts, especially in felony crimes. Kerdasha, 629 S.E. The “eggshell plaintiff” theory imagines a person who has a very thin (or “eggshell”) skull. Nothing on this site should be taken as legal advice for any individual Change ), You are commenting using your Twitter account. Please don’t ( Log Out /  Change ). Even though the final decision lies with the court, the compensation amount can (in some cases) be lowered. The eggshell rule can also be applied when an intentional tort occurs. If the negligence of the defendant aggravates a plaintiff’s existing condition, the rule is applied. If a single punch kills someone because of their thin skull, that victim's weakness cannot mitigate the seriousness of the crime. For this reason, this rule is sometimes referred to as the “eggshell skull” rule as well. The eggshell skull rule is a legal doctrine that says the wrongdoer takes the victim in the condition he/she finds him. The eggshell skull rule will not apply in all cases. Enter your email address to follow this blog and receive notifications of new posts by email. For example, if A slaps B and B falls down and dies instantly due to some already existing condition, it is no defence that B wouldn’t have died if he was a ‘normal human being’ because a tortfeasor must take his victim as he finds him. *The eggshell rule is also applicable in criminal law. Thus, in the English case of Smith v. Leech Brain & Co (1962) 2 QB 405, an employee in a factory was splashed with a molten metal. Such a situation can arise when a plaintiff puts himself in a position where he is likely to be harmed. The original offender will not be liable for the new injuries. On the other side, the application of the eggshell skull rule can be complicated by many things. The information on this website is for general information purposes only. Eggshell Skull Rule. A Plaintiff means that you are suing somebody; you have a claim for damages. The rule obtains its name from a common example used in law school. In legalese, tort law is a type of law that holds a person legally liable for any damages he or she has caused intentionally or negligently. This is to enable apportioning of damages. The ball of contention has always been whether accident victims should be compensated if the incident aggravates a pre-existing condition. AZ The eggshell skull rule—also called the thin skull rule—says that you take your victim as you find them. ( Log Out /  In the world of personal injury law, this is referred to as the “Eggshell” Plaintiff or Eggshell Skull rule. Posted in Personal Injury on August 24, 2020 If you or somebody you love has been injured in an accident caused by the negligence actions of another party, you should be able to recover compensation for your losses. This information is not intended to create, and receipt The eggshell skull doctrine makes a defendant liable for the plaintiff’s unforeseeable reactions to the defendant’s negligent act. Learning The Law... *text based law tutorials, *law quotes, *daily nugget, *LSAinteractive, *case brief... Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on WhatsApp (Opens in new window). An eggshell is often used as a visual metaphor for the thin skull rule. However, the plaintiff can still seek compensation for damages. ... Filing a lawsuit is never the first step when it comes to resolving a dispute. ... the negligent party is liable for such injuries, because of the "egg-shell skull" rule (“thin-skull” rule). He died three years later from cancer triggered by the injury. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. The position should be much better compared to what they were in before the current situation.Beyond Physical Injuries. However, it is not the role of the defendant to offer a higher duty of care when the incident involves an eggshell victim. hesitate to In cases where the plaintiff, is vulnerable due to a past traumatic event, the rule will apply. There is no allowance for an already weakened state of the injured party. The court can dismiss resulting injuries on the grounds that they were not foreseen. The eggshell skull rule is by and large what refers to a plaintiff that has a pre-existing condition. Knowing what is on the defendant’s mind is a challenge because they do not reveal it in public. He died three years later from cancer triggered by the injured is in the condition finds. 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