His predisposition to cancer did not matter, nor did the results of the injury. Your doctor says you need a fusion surgery and will be unable to work for at least a couple of months. This legal concept is a well-established legal doctrine known as the eggshell plaintiff or eggshell skull rule. The same duty of care . Under this rule, for example, if one person negligently scrapes another who turns out to be a hemophiliac, the negligent defendant is liable for the full extent of the . Lord Parker stated that the eggshell skull rule and taking the victim as you find them has always been the established law and this was not affected by the ruling in the Wagon Mound case. The eggshell skull rule, also known as the thin skull rule, says that the frailty, weakness, sensitivity, or feebleness of a victim cannot be used as a defense in a personal injury claim. The complainant was employed as a galvaniser of steel for the defendants, Leech Brain & Co Ltd. Thats why its a good idea to consult with legal experts at a Houston personal injury law firm. Is the driver who caused the car accident responsible for all of your injuries, even though you were hurt so badly in part because youre more susceptible to injuries than a normal person? The answer is yes, because of an established legal doctrine known as the eggshell skull rule.. Introduction. Once a month, get a simple digest of fresh, in-depth content along with exclusive access to newly available resources, news, stories, and more! due to a pre-existing vulnerability or medical condition). This is a longstanding legal rule that can be easily demonstrated with the following simplified example: Although we generally dont consider throwing a piece of chalk as being particularly risky, we dont get to pick and choose regarding pre-existing conditions. This person is hit in the head by someone else. First, your lawyer will present your evidence, including witnesses, and explain the science and facts behind your case to the jury. Exception to Cardozo Rule -- Eggshell Skull Rule. The Eggshell Skull Rule requires at-fault parties to take claimants as they are found. The Importance Of The Eggshell Skull Rule, An Experienced Indiana Personal Injury Attorney Is Here to Help. Take a look at some weird laws from around the world! While a normal person might only experience headaches and some bruising, the impact fractures your delicate skull. The eggshell skull rule says that the person who hit the eggshell skulled person will be responsible for the extreme consequences that the person with the eggshell skull suffered, not just the amount of harm a normal person would have suffered. 5th Oct 2021 You do not get a break on liability or damages just because the person hurt was already in a weakened state. An intervening cause is an event that happens after the initial act of negligence. See 2 Stein on Personal Injury Damages Treatise 11:1 (3d ed.) A case heard by the Indiana Supreme Court explains that the Eggshell Skull Rule (as it applies to personal injury claims) means the at-fault party in the claim takes his victim as he finds him.. The key to taking control of a case involving co-morbidities is a proactive defense strategy. The question of liability was whether the defendant could reasonable foresee the injury. The deputies argued that they should not be liable because the plaintiffs son had a condition that already diminished his life expectancy. Luckily, the seatbelt lock engaged and held you in place, so you did not hit your head on the steering wheel or the back of your seat. The person who threw the chalk is responsible for the actual injuries incurred. But in personal injury cases, courts and juries do not feel sorry for negligent actors who happen to injure someone just because that person was naturally more sensitive to getting hurt. When the facts are in your favor, the insurance companies tend to offer a higher settlement. However, aggressive insurance carriers and at-fault parties will do whatever they can to lower the amount of money they pay in a settlement or . [3] The eggshell skull rule takes into account the physical, social, and economic attributes of the plaintiff which might make them more susceptible to injury. The "Eggshell Skull Rule" is a longstanding principle in personal injury law that states plaintiffs (victims) must be taken as you find them. For example, in Silva v. Stein, 527 So. As a result, a hemophiliac may bleed excessively when injured, even when the same injury would only have caused minimal bleeding in someone who did not suffer from the condition. See, e.g. If a case goes to trial, the judge decides whether to apply the eggshell doctrine to the case. ? The principle states that victims should receive full compensation for their losses, even if the damages stemming from a pre-existing condition are . We only take select cases and we litigate them; we're not a settlement mill. In this regard, "the 'eggshell skull' rule is a rule both of proximate cause and of damagesthe defendant is responsible even though no injury may have been foreseeable and even though the damages incurred were much more extensive than ordinarily would have been foreseeable." See 2 Stein on Personal Injury Damages Treatise 11:1 (3d ed. The rule is virtually universally applied today, including in Florida. Being accused of causing a car crash that wasnt your fault can make you feel helpless and angry, especially when no one else is around to support your story. Without the eggshell skull rule, insurance companies could argue that your condition was there beforehand and then use that argument to deny you compensation. Unfortunately, pinched nerves and other injuries are not always immediately apparent following a crash, which can prevent car accident victims []. Typically, either the injured person or their attorney drafts a demand letter and sends it to either the person who caused their injuries, In Texas, personal injury cases must be filed within two years from the day of your accident or injury. History Putney. P.J.C. While there was a difference in medical opinions in respect of how long such a soft tissue injury like the one sustained by the Plaintiff would be expected to last, this case demonstrates the application of the "eggshell skull" rule, which provides that a tortfeasor is liable for the consequences of his negligent actions, even if the victim . 2d at 944 (quotation omitted). In an example, a person who has osteogenesis imperfecta (OI; also known as "brittle bone syndrome") is more likely to be injured in a motor vehicle accident. The tortfeasor may be excused from liability where the claim of damages is so remote and so out of proportion to the culpability of the tortfeasor that, as a matter of public policy, the trial court concludes that the defendants are not to be held liable for this element of damages. For more information about how we can help, dont wait to contact or call us today. If you have a pre-existing condition and fall victim to another persons negligence, its important to work with a team of, That means that even when the victim has a previous injury or is in the middle of a treatment at the time of the. The Eggshell Plaintiff. Any opinions, findings, conclusions, or recommendations expressed in this material are those of the authors and do not reflect the views of LawTeacher.net. When you have trouble finding a doctor willing to treat you after a car accident with a potential case, call the legal team at Universal Law Group. Better Legal Talent and Quality Work than the Large Firms. If you are injured by someone elses negligence in an accident, you can seek compensation for the losses you experience through a personal injury claim. The thin skull rule, also known as the "egg- shell rule", is a well-established principle in both English tort and criminal law. The issues in this case concerned whether the employers could be liable for the full extent of the burn and cancer that had developed as a result or would a persons predispositions matter in the award of damages. Have a question about your specific case? $4,000,000 SEMI-TRUCK ACCIDENT SETTLEMENT. It can be difficult to pinpoint where a pre-existing condition ends and a new injury begins, and they may intertwine. 2020). Contact our firm today to schedule a confidential and free case evaluation. See Prosser & Keeton on the Law of Torts 43, at 292 (5th ed. The Principle of is applicable in this case,Eggshell. When a personal injury lawyer wants to apply the eggshell rule, there are two situations that complicate it. While personal injury law is always challenging, your claim can be made all the more complicated by a pre-existing condition (that predates the accident in question); this is where the eggshell rule comes into play. Eggshell skull rule is also known as eggshell-plaintiff rule; thin-skull rule; special-sensitivity rule or old-soldier's rule. "You have an excellent service and I will be sure to pass the word.". If the defendant commits a tort against the plaintiff without a complete defense,the defendant becomes liable for any injury that is magnifiedby the plaintiff's peculiar characteristics. Were ready to fight for your interests in settlement negotiations and the courtroom. So, isn't it unfair to the building owner that for the same bad act, he ended up owing easily ten times the money to the hemophiliac than he did the other man? Let us show you how we are different. Lord Parker stated that the eggshell skull rule and taking the victim as you find them has always been the established law and this was not affected by the ruling in the Wagon Mound case. The eggshell skull rule (or thin skull rule) describes the principle that a defendant must "take the victim as he finds them". This is especially true when your case involves the eggshell skull rule. Successful Auto Claim: Tips from Car Accident Lawyers. In other words, when a plaintiff is more susceptible to injury, the defendant (at-fault party) can still be liable for their damages, even if the accident would not have injured an average person. Furthermore, this applies to someone who sustains injuries from an incident when an otherwise healthy individual might not suffer any harm at all. However, when you file an insurance claim, the adjuster argues that your disc was already herniated and denies compensation. Law is defined in the Concise Oxford Dictionary as a rule or system of rules recognised by a country or community. Our academic writing and marking services can help you! 1. At Crosley Law, weve helped people across Texas with their injury claims and lawsuits. But it can be difficult to determine who is at fault in an intersection accidentwith many turning into a he said, she said situation. Eggshell Skull, , . They have no pertinence to the issue of whether, once that contact has occurred, the defendant is responsible for whatever adverse consequences the plaintiff sufferswhether they are foreseeable or not. Id. For instance, someone shares 40% of the fault in an auto accident. After the lawyers finished their presentations, the judge would give the jury instructions about the law. Shareholder Action Against Company Directors. We pride ourselves on our aggressive litigation approach and our goal of obtaining maximum compensation for every client. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. First, although the driver [], New Braunfels, TX has come a long way in just a few decades. It is important to note, however, that the other party cannot be held responsible for the pre-existing condition itself or for a recurrence that is not related to the accident in question. In simple terms, the rule says you must take the victim as you find them and cannot speculate about what might have happened if the victim did not have a condition that predisposed them to a severe injury. The thin skull rule, or the eggshell plaintiff rule, is a theory in tort cases in which a defendant is unable to use a victim's weakness, frailty, feebleness, or sensitivity as a defense. 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. Moreover, it often requires the presentation of medical evidence that shows the extent of injuries and damages caused by the incident. That means that even when the victim has a previous injury or is in the middle of a treatment at the time of the car accident (or another incident), they may still be entitled to compensation. The employers are liable for all of the consequences of their negligence; thus, liable for the employees death. While these vans are a convenient way to transport groups of people, larger vehicles require a greater degree of driving skill to operate safelyparticularly when fully loaded with passengers [], Theres a lot of confusion about Texas U-turn laws. The Egg Shell Skull rule puts down the liability of the defendant in such circumstances. 669 (plaintiff died from contact caused by defendant where the ordinary person would have suffered only a bump to the head). Their skull is thin and delicate, like an eggshell. In this instance, the eggshell rule does not apply. The eggshell skull rule was designed to protect plaintiff's rights,as it prevents cases with pre-existing conditions from being automatically dismissed. It was held that there was no novus actus as a result of medical treatment of injuries caused by the defendants negligence, unless such treatment is inexcusably bad or completely outside the bounds of what a reputable medical practitioner might prescribe.[12]. In the "crumbling skull" rule, the prior condition is only to be considered with respect to distinguishing it from any new injury arising from the present tort as a means of apportioning damages in such a way that the defendant would not be liable for placing the plaintiff in a better position than they were in prior to the present tort.[7]. Crosley Law Firm, PC is a professional corporation of trial lawyers focused on representing individuals and families who have suffered serious personal injuries or wrongful death. The receipt or the viewing of this website does not create any attorney-client relationship. Nothing on this website should be taken as legal advice for any individual case or situation. eggshell-skull rule. With numbers like these, its no surprise that FedEx freight trucks are involved in injury-causing truck crashes nearly every day on American roads. While youre at a red light, a distracted driver rear-ends your vehicle. Ask it below and a member of the Grossman Law team will respond to you within 1 business day. The field of neuroscience and its associated technology isnt yet advanced enough to quantify emotional pain and trauma. This field is for validation purposes and should be left unchanged. The law cannot be spoken of as a single homogenous entity. However, if the defendant can prove this would have been the case, it may have an impact on the amount of damages awarded. . (c) Copyright Oxford University Press, 2023. Case Summary They may argue that the crash didnt aggravate your condition at all. This means that particular vulnerabilities or frailties of a victim cannot be considered when determining the liability of the defendant. In the Australian case of Kavanagh v Akhtar,[5] the court held the tortfeasor should take into account the plaintiff's family and cultural setting. The claimant suffered from severe cerebral palsy due to mismanagement of his birth. Our legal team knows how to apply courtroom experience and legal expertise to combat the insurers unfair tactics. Comal County remains one of the fastest growing in the country, and new developments continue to be built throughout the region. An oft-cited example of a plaintiff whose injuries are covered by the eggshell plaintiff or Thin Skull Rule is one who suffers from hemophilia. The Eggshell Skull rule deals with plaintiffs that have pre-existing medical conditions. Both of these have the potential to reduce your settlement amount. Your current browser may not support copying via this button. A defendant takes their victim as they find them under this doctrine. Can Owners Be Held Liable for the Negligent Handling of Animals? Alternatively, it may be difficult to obtain evidence or testimony from your doctor that establishes the extent of the claim. When you need an advocate on your side, we evaluate your case and help you understand your claim. You bring your car to a stop at a red light. 1984) (There is almost universal agreement upon liability beyond the risk, for quite unforeseeable consequences, when they follow an impact upon the person of the plaintiff.). However, the Court held the nature and extent of the sons injury was irrelevant to their liability for damages. There were 2,715 recorded crashes in the county in [], Nerve damage is common after auto accidents. The information on this website is not intended to create an attorney-client relationship. Then, the judge will instruct the jury on their deliberations., including information about the eggshell skull rule. [5] The term implies that if a person had a skull as delicate as that of the shell of an egg, and a tortfeasor who was unaware of the condition injured that person's head, causing the skull unexpectedly to break, the defendant would be held liable for all damages resulting from the wrongful contact, even if the tortfeasor did not intend to cause such a severe injury. Under the eggshell rule, the negligent party is responsible for all of the damages a victim sustains from an accident. The doctrine says that a negligent defendant takes the victim as he or she finds the victim-even a victim that is as fragile or delicate as an eggshell. The eggshell skull rule, or thin skull rule, is a common-law doctrine that says that a tortfeasor cannot complain if the accident victims' physical injuries are more serious than they otherwise would have been because the victim has a pre-existing vulnerability like a thin skull. He developed a rare psychological condition known as Ganser Syndrome. Fla. 2007), the Plaintiffs evidence of emotional injury was fairly substantial and was corroborated by the testimony of his treating psychiatrist and other witnesses. The term refers to a hypothetical person with a skull as delicate as the shell of an egg. However, the centuries-old rule protects victims when the crash aggravated or worsened their injuries. This information should not be taken as the formation of a lawyer or attorney client relationship. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. 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