85204 In a pet-friendly state like Arizona, you’d be surprised to learn that we have some of the strictest animal laws in the country. For example, say that someone has a very thin and fragile skull – like an eggshell. The rule is applied in tort and criminal cases involving a plaintiff in a vulnerable, weakened state or suffering from a medical condition. Let’s say an injury is caused by a completely unrelated situation. In cases of an intervening cause, the initial injury can cause further damage. Learning The Law... *text based law tutorials, *law quotes, *daily nugget, *LSAinteractive, *case brief... Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on WhatsApp (Opens in new window). The defendant only takes liability for the initial injuries. An eggshell is often used as a visual metaphor for the thin skull rule. Lawyers usually invoke this legal doctrine in cases where there is negligence. Suppose this person is involved in a car accident. Posted in Personal Injury on August 24, 2020 If you or somebody you love has been injured in an accident caused by the negligence actions of another party, you should be able to recover compensation for your losses. The eggshell skull rule comes from an example often used to explain the concept to law students. The law is mostly applicable when dealing with elderly and disabled individuals. hesitate to One day, this person gets into an altercation with another person, who punches him or her in the head. During the COVID-19 pandemic, we remain available to our clients, including ( Log Out /  The idea is, if the plaintiff’s skull was made of an eggshell and it broke because of an accident, then the defendant would have to deal with those losses and injuries, even though the plaintiff’s skull was particularly vulnerable to breakage. through in-person consultations, video chat, phone, or email. While the crash might only leave an average person with only minor bump on the head, the same collision might leave this plaintiff with a significant skull fracture or other major injury. In this case, the state of health is not put into consideration. There is no allowance for an already weakened state of the injured party. or viewing does not constitute, an attorney-client relationship. Essentially, the frailty of the person who was injured cannot be used as a defense to limit the liability of the at-fault party. For you, the effects are more serious. The "eggshell skull" rule makes the tortfeasor take his/her victim as s/he finds him. Such a situation can arise when a plaintiff puts himself in a position where he is likely to be harmed. The eggshell skull rule is an important idea related to causation in Tort law. Eggshell Skull Rule. PRE-EXISTING CONDITION LAW “EGGSHELL SKULL” RULE CHRISTIAN-ATTORNEY.NET. If a defendant negligently injures someone, the defendant is responsible for all the consequences, whether they were foreseeable or not. What this means is that even in cases where the injuries were worse that one normally would have expected, the negligent party is still legally … The court can dismiss resulting injuries on the grounds that they were not foreseen. For example, if I threw a tennis ball at force at your head, you might suffer a slight bruise or some discomfort. The eggshell rule states that it is fair for a defendant to compensate an injured person for the harm he caused, regardless of whether the injured person had a prior condition that made him more susceptible. Imagine this scenario: you and your co-worker both have exactly the same accident at work – say a bump to the head. Mesa, AZ 85204. Additionally, the eggshell rule is also applicable in strict liability cases. It was held that the defendant was liable for all the harm even though he didn’t know that his victim had such pre-existing condition on his lip. Doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort. An individual who undergoes a heightened psychological reaction to a tortuous event, then he or she is open for compensation. case or situation. Attorneys often use the eggshell skull rule when an at-fault driver’s negligence aggravates a victim’s pre-existing injury or condition. Change ). The eggshell skull rule is a legal doctrine that says the wrongdoer takes the victim in the condition he/she finds him. The eggshell skull rule is by and large what refers to a plaintiff that has a pre-existing condition. Before applying the eggshell skull rule, the following factors are first enacted into consideration that makes the plaintiff vulnerable to harm: Many law schools will use the example of a person with a very fragile skull like an “eggshell.” This person appears normal to the outside world but unfortunately is extremely feeble and frail. There are a few basic rules every Arizona driver should abide by: Follow the speed limit, wear your seatbelt, and most ... 414 East Southern Ave. While each case is different and depends on the facts, it is a well-known legal tenet that a defendant takes the plaintiff as he finds him. In the world of personal injury law, this is referred to as the “Eggshell” Plaintiff or Eggshell Skull rule. Justia - California Civil Jury Instructions (CACI) (2020) 3928. The eggshell skull rule applies to accident victims with pre-existing medical conditions or physical limitations. It means that a defendant is liable for any damages resulting from the injury they caused the claimant. Unusually Susceptible Plaintiff - Free Legal Information - Laws, Blogs, Legal Services and More ... Filing a lawsuit is never the first step when it comes to resolving a dispute. The eggshell rule is not applied in all cases. The individual who caused harm will take responsibility for placing the plaintiff in a better position. The negligent party is responsible for injuries suffered by the injured individual regardless of any preexisting conditions. In such cases, an individual is injured due to the negligence or recklessness of another party and seeks compensation through the court. Uninsured & Underinsured Motorist Accidents, individual who isn’t paying attention rear ends, The Eggshell Skull Rule and How It Applies to Personal Injury. The eggshell skull rule is often also called thin skull rule. Such injuries can be treated but traumatic outcomes cannot be healed because they are invisible. Kerdasha, 629 S.E. In this example, there is an imaginary person with a skull that is as fragile as an eggshell. The term implies that if a person had a skull as delicate as that of the shell of an egg, and a tortfeasor who was unaware of the condition, injured that person’s head, causing the skull unexpectedly to break, the defendant would be held liable for all damages resulting from the wrongful act, even if the tortfeasor (the defendant) did not intend to cause such a severe injury. To their existing conditions kills someone because of being hit on the.. Needs to hire a lawyer who will represent his or her in the head fill in details! An important eggshell skull rule related to causation in tort law large what refers to plaintiff! This group is vulnerable to injury due to the eggshell plaintiff rule says that you take your as! 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