However, the Court held the nature and extent of the sons injury was irrelevant to their liability for damages. 2d 943, 944 (Fla. 3d DCA 1988). The other party throws a piece of chalk that strikes the victim in the head. Facts. Wis. 2009)], In calculating damages in an eggshell skull case the trier of fact must make an adjustment for the possibility that the preexisting condition would have resulted in harm to the plaintiff even if there had been no tort. In spite of this noble intention, insurance companies are infamous for using the eggshell skull rule to profit. Our dedicated and knowledgeable team of personal injury attorneys will work to get you the justice and compensation you deserve. But with emotional and invisible injuries, there is no straightforward way to objectively measure the amount of pain an individual experiences and equate it to the trauma associated with a physical injury. The deputies argued that they should not be liable because the plaintiffs son had a condition that already diminished his life expectancy. The attorneys at Universal Law Group are expert problem solvers with extensive experience in personal injury law. To illustrate this point, imagine a scenario where someone with hemophilia is walking down the street with a friend without the condition, when they are both suddenly and simultaneously cut by a falling piece of glass from an office building above, and sustain the same injuries. The field of neuroscience and its associated technology isnt yet advanced enough to quantify emotional pain and trauma. Can Owners Be Held Liable for the Negligent Handling of Animals? The concept of the eggshell skull rule was introduced in the 1890s following a case known as Andrew Vosburg v. George Putney, which took place in Waukesha, Wisconsin. The example describes an imaginary person who has an extremely thin skull that is as fragile as an eggshell, even though he looks completely normal. This applies to any degree of harm the victim suffers that aggravates an existing condition or injury. Copyright 2022.All Rights Reserved. A common example of this doctrine is that a person's skull was very thin due to the persons own health condition, if the person gets into an accident, the other person who caused the accident will be liable for the actual damages, although the average person would not suffer the same serious injuries in the same accident as the person with the thin skull. Unfortunately, pinched nerves and other injuries are not always immediately apparent following a crash, which can prevent car accident victims []. in an accident, you can seek compensation for the losses you experience through a, . 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. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. Id. In 1891, the Wisconsin Supreme Court came to a similar result in Vosburg v. However, when you file an insurance claim, the adjuster argues that your disc was already herniated and denies compensation. in Exception to Cardozo Rule-- Unusual manner. Schedule a free consultation with our legal team today to learn more about your case. It turned out that the victim had an unknown microbial condition that was irritated, and resulted in him entirely losing the use of his leg. The person throwing the chalk does not get a pass because he or she didnt know that the victim was more vulnerable to injury. 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. The eggshell skull rule also applies in cases of negligence or carelessness. [Stoleson v. United States, 708 F.2d 1217 (7th Cir. If you have a pre-existing condition and fall victim to another persons negligence, its important to work with a team of Houston personal injury lawyers. 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. 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. The reckless conduct caused your injuries. Equality before the law puts a heavy onus on the person who would argue that the "unusual" reaction of an injured plaintiff should be disregarded because a minority religious or cultural situation may not have been foreseeable. Youve been rear-ended. The complainant burnt his lip as a result of the defendants negligence in the workplace. He had been working and operating a machine in the workplace, when a piece of molten metal burnt his lip, after he stepped out from behind the protective shield. 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. Crosley Law: Cutting-Edge Tactics for Accident Victims, https://texashistory.unt.edu/ark:/67531/metapth639249/m1/375/, fill out the form for a free consultation, The at-fault party owed you a duty of care, like the duty to look out for pedestrians and other drivers, The at-fault person violated this duty of care by running a red light, texting while driving, or engaging in other reckless activities, The reckless conduct caused your injuries, You suffered damages, like wage loss, medical bills, and pain and suffering. First, your lawyer will present your evidence, including witnesses, and explain the science and facts behind your case to the jury. If a defendant negligently injures someone, the defendant is responsible for all the consequences, whether they were foreseeable or not. The eggshell rule (also thin skull rule, papier-mch-plaintiff rule, or talem qualem rule)[1] is a well-established legal doctrine in common law, used in some tort law systems,[2] with a similar doctrine applicable to criminal law. Lets return to ourcar accidentexample the one in which youre a driver with brittle bone syndrome. If a defendant negligently causes the injury of someone else, then they are responsible for . The negligent party cannot use the pre-existing condition of a victim as a defense to limit liability. But you have brittle bone syndrome, and that slight rear-end impact caused several broken bones, excruciating pain, extensive medical treatment, and lost wages. eggshell-skull rule. The receipt or the viewing of this website does not create any attorney-client relationship. It is essential to emphasize that the eggshell skull doctrine does not entitle the plaintiff to compensation for an unrelated pre-existing injury. Alternatively, it may be difficult to obtain evidence or testimony from your doctor that establishes the extent of the claim. Slip and Fall, Premises Liability, and Other Negligence Claims, Unfair Debt Collection & Deceptive Business Practices. Eggshell refers to the example used in many law schools where a plaintiff has a rare condition that leaves them with a fragile skull. Your current browser may not support copying via this button. 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! The judge held that as long as the initial injury was foreseeable, the defendant was liable for all the harm. The information on this website is not intended to create an attorney-client relationship. (c) Copyright Oxford University Press, 2023. 403 (Wisc. The eggshell skull rule helps protect victims from something that they don't have any control over. The Eggshell Skull Rule Protects People With Pre-Existing Vulnerabilities, How the Eggshell Skull Rule Applies in Personal Injury Claims. Do you have a 2:1 degree or higher? An Example of How The Thin Skull Rule Works. Does the Eggshell Skull Rule Apply to Emotional Injuries and Mental Health Conditions? 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. Local (303) 454-8000 Toll-Free (800) ROSEN-911. The eggshell skull rule gets its name from a common example often used to describe a situation where the plaintiff . 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 . The claimant suffered from severe cerebral palsy due to mismanagement of his birth. Ask it below and a member of the Grossman Law team will respond to you within 1 business day. By claiming that all of an eggshell plaintiff's injuries stem from their . Chain of Causation - Manslaughter - Novus Actus Interveniens - Victim's Own Act - Egg shell Skull Rule. Click the icon above to call Gulisano Law now for a free consultation. 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.. Like Missouri, Illinois has long recognized an eggshell plaintiff has a right to receive compensation and any pre-existing injury or condition cannot defeat that right. Richman, 512 F.3d at 879. 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. Lets return to our crash victim with brittle bone syndrome. A pre-crash MRI showed a tiny disc bulge in your low back. Without an attorneys legal expertise and guidance, you probably wont know how to fight back. The Eggshell Plaintiff Rule, also known as the "Eggshell Skull" or "Peculiar Susceptibility" Rule, is a well-established but complicated legal doctrine that can make a defendant liable for the injured plaintiff's uncommon reactions to the defendant's intentional or negligent behavior. However, when your percentage of fault rises to 51% or higher, Texas law prohibits you from recovering any damages whatsoever. The eggshell skull rule is only used to determine damages after it has been established that the defendant committed a wrongful act. Additionally, we want to point out that defendants in these cases have no obligation to provide a higher duty of care in cases involving an eggshell plaintiff. [8] Duty to warn susceptible persons IMPORTANT NOTICE: The information on this website is for informational purposes only. This is a longstanding legal rule that can be easily demonstrated with the following simplified example: The accident victim has a pre-existing condition that leaves her with a skull as delicate as an eggshell. Thats why its a good idea to consult with legal experts at a Houston personal injury law firm. Eggshell skull theory is a legal doctrine used in common law. Our legal team knows how to apply courtroom experience and legal expertise to combat the insurers unfair tactics. If you've suffered personal injuries and are worried about your potential recovery because you have been diagnosed with a medical condition that makes you more vulnerable to injury, you should contact a personal injury attorney. If youve been involved in a U-turn accident, it might not be immediately clear who is at fault. 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. The experienced Indiana personal injury attorneys at Blackburn Romey are well equipped to skillfully advocate for a favorable claim resolution that carefully addresses your pre-existing condition. The "eggshell skull" rule says that the person who hit the eggshell-skulled person is responsible for the much greater harm caused by the death, not just the amount of harm that a normal person would have suffered. Furthermore, this applies to someone who sustains injuries from an incident when an otherwise healthy individual might not suffer any harm at all. This applies to any degree of harm the victim suffers that aggravates an existing condition or injury. An intervening cause is an event that happens after the initial act of negligence. 5th Oct 2021 The examples and perspective in this article, Learn how and when to remove these template messages, Learn how and when to remove this template message, Intentional infliction of emotional distress, Negligent infliction of emotional distress, https://en.wikipedia.org/w/index.php?title=Eggshell_skull&oldid=1125949277, Articles with limited geographic scope from April 2021, Articles needing additional references from April 2021, All articles needing additional references, Articles lacking reliable references from April 2021, Articles with multiple maintenance issues, Articles with unsourced statements from June 2020, Creative Commons Attribution-ShareAlike License 3.0, This page was last edited on 6 December 2022, at 19:02. 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. At times, some medical providers in the Greater Houston Area are not willing to offer testimony. In some cases, the cause of an injury is unclear. 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 . The victim sustains a more severe concussion. [T]he familiar but accurate doctrine [is] that the tort feasor takes the plaintiff as he finds him . See Silva v. Stein, 527 So. 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. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas. You call your doctor, and they schedule an MRI. In our near-30 year history, Grossman Law Offices has won thousands of cases. At Crosley Law, weve helped people across Texas with their injury claims and lawsuits. The tortfeasor takes his victim as he finds him. Note, however, that the defendant, his attorney, or his insurance company might try to play your disability against you during settlement negotiations or to intimidate you out of filing a lawsuit. Successful Auto Claim: Tips from Car Accident Lawyers. Additionally, the rule includes situations where the injuries that result from an accident are worse than average due to a pre-existing condition or injury. So if you kick someone and unbeknownst to you he has a serious infection at the spot in which you kick him and as a result he dies of septicemia, you are fully liable for his death even though you could not have foreseen such a consequence from the kick. Richman v. Sheahan, 512 F.3d 876, 884 (7th Cir. 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. If youve been injured, fill out the form for a free consultation, or call 210-LAW-3000. This is a blood clotting disorder where, due to a genetic defect, one's blood lacks a crucial component that is required for blood to clot and for scabs to form. This breaks the chain of causation that ties injuries to the accident. Are There Exceptions to the Personal Injury Statute of Limitations in Texas? But it can be difficult to determine who is at fault in an intersection accidentwith many turning into a he said, she said situation. Therefore if someone has a reaction to something but that reaction is because the claimant has a pre-existing condition or is more sensitive to something, the defendant will still be held liable for the injury. The eggshell skull rule simply means that just because a victim is more vulnerable to suffering death/serious injury does not mean that the defendant should not be convicted. Moreover, it prevents the at-fault party from escaping liability with an argument that the damages are more than expected. Know How to Apply courtroom experience and legal expertise and guidance, you probably wont know to! Name from a common example often used to determine damages after it has been that! By a country or community services can help you get you the justice and compensation you deserve, witnesses... 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