What Is the Eggshell Skull Rule?
The “eggshell skull rule” is a legal doctrine related to injury cases. It states that a defendant’s liability will not be reduced just because the plaintiff is more susceptible to injuries. In other words, if the defendant commits a tort (harmful action) against the plaintiff, and the plaintiff has a pre-existing condition that may increase the likelihood of an injury, the defendant can be held liable for that injury regardless of the pre-existing condition. However, this does not mean that the defendant can be held liable for unrelated pre-existing injuries. Rather, they are held liable for the damages incurred by their actions.
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Understanding The Eggshell Skull Rule
The “eggshell skull rule” applies to all negligence and intentional tort cases. Every state uses the eggshell skull rule in cases that involve physical injuries, however, some states also allow the plaintiff to apply the eggshell skull rule to mental conditions.
The eggshell skull rule protects the rights of a person with a pre-existing condition that makes him/her more susceptible to injury than another person. In lawsuits filed by injury lawyers, this legal doctrine holds that a defendant’s liability will not be reduced simply because an injured plaintiff is more susceptible to injury than an average plaintiff.
What Established the Eggshell Skull Rule?
In Wisconsin, the Supreme Court enforced the eggshell skull rule in a schoolroom injury case. When an argument occurred between a 12-year-old boy and a 14-year-old boy, the younger boy kicked the older boy in the shin. Although the kick would likely not have caused an injury in a healthy child, the injured boy, in this case, had a tibia infection and the kick led to the prevention of recovery and loss of full use of the boy’s leg. The Supreme Court ruled that the 12-year-old boy was liable for the damages caused by his intentional tort, even though he didn’t know about the other boy’s weakened condition. This ruling established the eggshell skull rule in 1891.
Over the years, the eggshell skull rule has been applied in many injury cases involving negligent actions and intentional torts that cause injury, such as car crashes, slip and falls, sports-related activities, and physical assaults. Some states have applied the doctrine in cases of PTSD, autism, and degenerative diseases where injuries worsen conditions for a plaintiff. A personal injury lawyer can address specifics on physical and mental pre-existing conditions that warrant a lawsuit.
In simple terms, the eggshell skull rule states that injuries must be taken as they are without speculation about what may have happened if the injury victim did not have a condition that predisposed them to a more severe injury. This rule protects victims from something they have no control over. It states that plaintiffs are not at fault for their condition, and defendants must take full responsibility for the injuries they cause.
When Does the Eggshell Skull Rule Apply to Personal Injury Cases?
If the plaintiff has a pre-existing condition that may have increased the likelihood of injury, the eggshell skull rule applies to their personal injury case. It is typically applied in the case of a physical injury, though in some instances, it can be applied to mental illnesses as well.
The eggshell skull rule was established to ensure that the plaintiff receives the fair and full compensation they deserve for their injuries, regardless of pre-existing conditions. The defendant cannot use the plaintiff’s vulnerabilities to dodge liability.
How Do Pre-Existing Conditions Affect Insurance Claims?
Insurance companies may try and use the plaintiff’s pre-existing condition as a gotcha, thus reducing the monetary value of their claim. They may try to prove that your pre-existing condition caused your injury, rather than the accident/tort. Fortunately, in most districts, pre-existing conditions do not bar you from a claim. The eggshell skull rule is applied here, meaning the plaintiff is to be “taken as they are”. The focus is on the resulting injury, not the pre-existing condition.
Eggshell Skull Rule Vs. Crumbling Skull Rule
So, what is the difference between the eggshell skull rule and the crumbling skull rule? The eggshell skull rule holds defendants liable for injuries regardless of a pre-existing condition. The crumbling skull rule, however, counters this by establishing the legal claim that the plaintiff’s pre-existing injury would have deteriorated naturally and over time. This means the defendant is only liable for the degree the injury was worsened.
Questions About the Eggshell Skull Rule? Contact Our Personal Injury Attorneys Today
An experienced personal injury attorney at our law firm can help you understand the eggshell skull rule and how it applies to your case. At Depaolo and Zadeikis, we understand how an accident can affect your daily life and financial earnings. We take injury cases on contingency, so you don’t pay any attorney fees unless we win your case.
Contact Depaolo and Zadeikis in Chicago today for your free consultation. We’ll be there when you need us the most. If you can’t come to us, we’ll come to you.
