egg shell skull rule

The rule that a tortfeasor cannot complain if the injuries he has caused turn out to be more serious than expected because his victim suffered from a pre-existing weakness such as an. The Eggshell Skull Rule earned its name from a common example used to teach this doctrine in law school of a theoretical man with a medical condition that makes his skull as thin and.

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Doctrine that makes a defendant liable for the plaintiffs unforeseeable and uncommon reactions to the defendants negligent or intentional tort.

. The Egg Shell Skull rule puts down the liability of the defendant in such circumstances. The premise is that if Person A were to have a skull as thin as an eggshell and if. The eggshell skull rule holds a defendant responsible for a plaintiffs uncommon and unforeseeable reaction to the accident or tort.

The law applies intervening cause in the same fashion as the eggshell skull rule. For example if an older person is rear-ended while sitting at a. It may also take into account the family and cultur.

The eggshell skull rule is very important when it comes to personal injury claims and it shows up all the time in car wreck cases. Tricam Indus 556 F3d 624 628 7th Cir. 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.

The eggshell skull rule comes from an example often used to explain the concept to law students. For example say that someone has a very thin and fragile skull like an. That is the famous eggshell skull rule of tort law.

However when an intervening event causes a new injury that re-aggravates the victims original. THE EGGSHELL SKULL RULE unequivocally that the thin skull rule applied in a mental harm case. Even if the plaintiff had a peculiar condition.

The eggshell skull rule is also called thin skull rule which says that the frailty. This rule holds that a tortfeasor is liable for all consequences resulting from their tortious usually negligent activities leading to an injury to another person even if the victim suffers an unusually high level of damage eg. Due to a pre-existing vulnerability or medical condition.

If the defendant commits. The eggshell skull rule takes into account the physical social and economic attributes of the plaintiff which might make them more susceptible to injury. 2009 In calculating damages in an eggshell skull case the trier of fact must.

The eggshell skull rule applies in many common law jurisdictions in both civil and criminal law. Judge Posner simply stated without explanation or comment that the thin skull rule was the.

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