Doctrines
Eggshell Skull Rule
Tort and Equity Doctrine
Citation Formats
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The eggshell skull rule, also called the thin skull rule, is a principle of common law tort systems holding that a defendant is fully liable for the harm actually caused to a victim even if the unusual physical frailty or pre-existing condition of the victim made the resulting injury far worse than it would have been for an ordinary person. The rule applies across negligence, intentional torts, and strict liability, and courts have extended its logic beyond physical vulnerability to psychological, social, and even economic characteristics of a victim that increase the severity of an injury. Its rationale is that a wrongdoer should not escape responsibility for the actual harm caused merely because the extent of that harm was not foreseeable, since the wrongdoer takes the victim as found. The main limitation of the rule involves intervening causes: an independent later event, such as negligent medical treatment, can break the chain of causation and limit the liability of the original defendant for everything that follows.
Facts
Core PrincipleA defendant remains fully liable for the actual extent of a plaintiff's injuries even when an unusual, unforeseeable vulnerability made the harm worse than it would have been for an ordinary person. 1 Cross-Tradition Connections
In Legal System
Common law tort rule holding a defendant liable for the full extent of a victim's injury even if unusually severe due to a pre-existing condition.
Sources
1. Eggshell Skull Rule (Cornell LII Wex)
Cornell Law School Legal Information InstituteCornell LII Wex, Eggshell Skull Rule entry, opening definitional sentenceQuote, Cornell LII Wex, Eggshell Skull Rule entry, opening definitional sentence
The eggshell skull rule, also called the thin skull rule, is a common law doctrine that holds a defendant liable for the full extent of a plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort.
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