What is the “Eggshell Skull Rule” in a US Personal Injury Case and How Can It Affect Damages?

Question from Kristen, What is the “Eggshell Skull Rule” in a US Personal Injury Case and How Can It Affect Damages?

Answer from AI:

The “eggshell skull rule” is a legal principle used in personal injury cases in the United States. This rule states that a defendant must take their victim as they find them. In other words, if a plaintiff has a pre-existing condition that makes them more susceptible to injury, the defendant is still fully liable for all damages resulting from their negligent or intentional act, even if the injuries are more severe than what would have been expected in a “normal” person.

Understanding the Eggshell Skull Rule

The term “eggshell skull” comes from the idea that if a person has a skull as fragile as an eggshell and suffers a head injury due to someone else’s negligence, the responsible party cannot argue that they should be less liable because the victim’s skull was unusually fragile. The rule applies to both physical and emotional injuries.

Impact on Damages

The eggshell skull rule can significantly impact the damages awarded to a plaintiff in a personal injury case. If the plaintiff has a pre-existing condition that was aggravated by the defendant’s actions, the defendant could be held responsible for the full extent of the harm, even if it is greater than what an average person would have suffered. This could potentially lead to higher damages awarded to the plaintiff.

Legal References and Case Law

The eggshell skull rule is a well-established principle in US law, with roots in English common law. It has been upheld in numerous court cases, such as the 1944 case of Dulieu v. White & Sons, where the court stated that “if a man is negligently run over or otherwise negligently injured in his body, it is no answer to the sufferer’s claim for damages that he would have suffered less injury, or no injury at all, if he had not had an unusually thin skull or an unusually weak heart.”

When to Seek Legal Advice

If you’ve been injured and have a pre-existing condition that was aggravated by someone else’s actions, it’s important to consult with a legal professional. They can help you understand how the eggshell skull rule might apply to your case and what it could mean for your potential damages. Remember, this information is a general guideline, and for personalized advice, you should consult with a legal professional.

Self-Help Resources

For more information on the eggshell skull rule and personal injury law, you might find the following resources helpful:

• Cornell Law School’s Legal Information Institute: Personal Injury
• American Bar Association: Personal Injury