At times, some medical providers in the Greater Houston Area are not willing to offer testimony. Then, the judge will instruct the jury on their deliberations., including information about the eggshell skull rule. 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. 1 By JusCorpus Blogs March 4, 2022 INTRODUCTION The eggshell skull rule refers to holding the negligent party (or the tortfeasor) liable to pay damages for the harm suffered due to his act by the person who had a pre-existing vulnerability which the defendant was unaware of. This means that if the injured partys pre-existing condition causes him or her to be seriously injured by that chalk toss, the law says. The question of liability was whether the defendant could reasonable foresee the injury. However, applying this rule often complicates cases. The eggshell skull rule is a legal doctrine that argues that at-fault parties are not only liable for the injuries they cause, but the injuries that they worsen. Reference this This comes from a law school example where a hypothetical person with a thin (eggshell) skull is badly injured after having a piece of chalk thrown at his head. Richman, 512 F.3d at 884. if the plaintiff suffers any foreseeable injury, the defendant is also liable for any additional unforeseen physical consequences. The answer lies in what is known as the Eggshell Plaintiff doctrine. The receipt or the viewing of this website does not create any attorney-client relationship. The contentprovided here isfor informational purposes only and should not be construed as legal advice on any subject. Under Texas law, we refer to comparative negligence as proportionate responsibility. When you are under 50% at fault, your recovery amount reduces according to your percentage of fault. 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 "eggshell skull" rule makes the tortfeasor take his/her victim as s/he finds him. If you have been diagnosed with a medical condition that leaves you more susceptible to personal injuries than those without the condition, you may be concerned that recovery for your injuries might be limited due to your medical condition. 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. However, the centuries-old rule protects victims when the crash aggravated or worsened their injuries. The medical expert explains the extent of the connection between the injuries and an accident or another injury event. 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. Even though your pre-existing condition contributed to your injuries, the at-fault party will still be liable for your damages. The Eggshell Skull Rule requires at-fault parties to take claimants as they are found. 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 Eggshell Skull Rule is used in Massachusetts cases where an accident victim has a preexisting injury or medical condition that is aggravated by an accident. 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. Imagine driving down the road on a beautiful sunny day with not a cloud in the sky. Universal Law Group is committed to our vision of personalized, efficient, and responsive service. The rule is virtually universally applied today, including in Florida. [9] In that case, a boy kicked another from across the aisle in the classroom. The reckless conduct caused your injuries. Finally, if the jury decides that the defendants negligence aggravated your condition, you will receive damages. 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. Eggshell-Skull Principle Definition. The tortfeasor takes his victim as he finds him. If this man got into an accident, his skull and brain would sustain a more severe injury than most due to his medical condition. The abstract goal of any personal injury lawsuit is to seek justice by holding a party accountable for the harm their negligence has inflicted upon another person. In 1891, the Wisconsin Supreme Court came to a similar result in Vosburg v. 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. 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. The students sat next to each other across an . Your lawyer would likely present experts and evidence that explains your rare medical condition and how the crash caused your injuries. You suffered damages, like wage loss, medical bills, and pain and suffering. The defendants were held to be negligent and liable for damages to the complainant. Moreover, we fight to ensure you receive the medical care you need as well as the compensation you deserve. 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. 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 Eggshell Plaintiff Rule. Click the icon above to call Gulisano Law now for a free consultation. This information should not be taken as the formation of a lawyer or attorney client relationship. Texas Pattern Jury Charges, which help educate juries about our laws and rules, includes instructions about the eggshell skull doctrine. Tweet this The legal doctrine is most easily understood by looking at the 1891 case that established the doctrine: Andrew Vosburg v. George Putney Thats a lot to handle on your own, and its why many crash victims turn to Crosley Law for help. At Crosley Law, weve helped people across Texas with their injury claims and lawsuits. This legal doctrine does not shift the burden of proof to the defendant, because under this doctrine the eggshell plaintiff still must prove the nature and probable duration of the injuries sustained. The victim sustains a more severe concussion. Wis. 1983)]. 2. This rule is also known as the thin-skull rule. 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. However, most eggshell skull cases are murkier and require insight from medical experts. The eggshell skull rule is often also called thin skull rule. *You can also browse our support articles here >. The "eggshell skull" rule famously stipulates that the tortfeasor takes his victim as he finds him, which means in practical terms that the defendant remains liable for all injuries that he caused in a susceptible plaintiff who had preexisting vulnerabilities. Copyright 2022.All Rights Reserved. What Burden of Proof Governs Texas Personal Injury Lawsuits? It can be difficult to pinpoint where a pre-existing condition ends and a new injury begins, and they may intertwine. Complications that Arise from the Eggshell Rule. For example, suppose you have degenerative disc disease. 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. 13, 2009) (Because a tort-feasor takes his victim as he finds her, [the victims] anemia is relevant to the issue of damages, and thus this evidence is not excluded.). In scenarios like these, retaining a tough, experienced personal injury attorney is invaluable in making sure that you are compensated fairly for your injuries. 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. With numbers like these, its no surprise that FedEx freight trucks are involved in injury-causing truck crashes nearly every day on American roads. The doctrine is applied in all areas of torts intentional torts, negligence, and strict liability cases as well as in criminal law. Let us show you how we are different. Here at Crosley Law, we understand the ins and outs of car accidents and the complexities of personal injury cases, including considerations like the eggshell skull rule. 2d 943, 944 (Fla. 3d DCA 1988). You do not get a break on liability or damages just because the person hurt was already in a weakened state. 2020). Car accidents can cause or worsen emotional trauma or distress. If this is the difficult position you find yourself in, you need an experienced. Copy this link, or click below to email it to a friend. 2d 1242, 1258 (M.D. 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. (c) Copyright Oxford University Press, 2023. Chain of Causation - Manslaughter - Novus Actus Interveniens - Victim's Own Act - Egg shell Skull Rule. All Rights Reserved. However, applying this rule often complicates cases. 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. Serving Accident Victims in Indiana Since 1982. 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