The next generation search tool for finding the right lawyer for you. In this case Mrs. Smith's husband worked in a factory owned by Leech Brain galvanising steel. Eggshell Skull Rule Doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. The "eggshell skull" rule makes the tortfeasor take his/her victim as s/he finds him. 13, 2009) (“Because ‘a tort-feasor takes his victim as he finds’ her, [the victim’s] anemia is relevant to the issue of damages, and thus this evidence is not excluded.”). (function(){var ml="uf.lis%mow2t0rgea4nc",mi="6:<1=? Id. “The tortfeasor takes his victim as he finds him. Become your target audience’s go-to resource for today’s hottest topics. Importantly, the Plaintiff also had dormant underlying osteoarthritis in his hips, which was affected for only a short time after the accident but then settled. Eggshell and Thin-Skull rules throughout Europe’, including in France, Ireland, Greece and Austria. What Is the Eggshell Skull Rule? The eggshell skull rule applies to accident victims with pre-existing medical conditions or physical limitations. 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. He had previously worked in a gas industry, making him prone to cancer. What Is The ‘Eggshell Skull’ Rule? In short, the defendant is responsible for whatever adverse consequences the plaintiff suffers—whether they are “foreseeable” or not. 669 (plaintiff died from contact caused by defendant where the ordinary person would have suffered only a bump to the head). They argued that any ongoing symptoms were not connected and could not be attributed to the accident. Barton J found the Plaintiff to be an honest and genuine individual. The Defendants accepted that, as a result of the accident, the Plaintiff had suffered both physical and psychological injuries. 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. The Court disagrees with Defendant’s contention that the damages award [for mental pain and suffering] should be remitted to a ‘nominal’ amount.”. 5 [1975] 1 WLR 1411. He took into account that at 62 years old, he had previously been an active individual. The eggshell or thin skull rule is a common law principle applicable in tort law, which states that ‘you must take your victim as you find him’. This is the so-called eggshell skull rule, which according to law professors, was first enunciated in a 1901 English case. 5645 Coral Ridge Drive, Suite 207 The “crumbling skull” doctrine is an awkward label for a fairly simple idea. Call Gulisano Law at 954-947-3972 for a free consultation. Eggshell plaintiff comes from the idea that even if a victim has a sensitive skull like a delicate eggshell, the defendant still is responsible for injuries that they cause. He also accepted that the rendering of the elbow arthritis symptomatic was likely to be in the ‘severe and permanent’ category of injuries. Power up your legal research with modern workflow tools, AI conceptual search and premium content sets that leverage Lexology's archive of 900,000+ articles contributed by the world's leading law firms. However, if the defendant can prove this would have been the case, it may have an impact on the amount of damages awarded. Understanding this Rule and how it applies to no-fault claims in Florida is a bit complex. Address The Defendants medical expert accepted that there may have been some aggravation of the Plaintiff’s pre-existing arthritis in the elbows at the time of the accident, however, as far as he was concerned, the soft tissue injuries and any aggravation of the underlying degenerative changes had now subsided. Understand your clients’ strategies and the most pressing issues they are facing. Richman, 512 F.3d at 884. ?C8B503;@;48B6A<>0345@B83@92C876:<",o="";for(var j=0,l=mi.length;j