Eggshell Skull Rule
Eggshell Skull Rule: Explained
The Eggshell Skull Rule is a legal principle used primarily in tort law, especially in cases involving personal injury or criminal law where harm is caused to another person.
What is the Eggshell Skull Rule?
It means that a defendant (the person who caused harm) is fully responsible for the victim's injuries, even if the victim had a pre-existing condition or vulnerability that made the injuries worse than what would be expected in an average person.
In simple terms: “Take your victim as you find them.”
Even if the victim is unusually fragile (like an eggshell skull), the defendant cannot argue that the injury was unforeseeably severe because of that fragility.
Why is this rule important?
It prevents wrongdoers from escaping or reducing liability simply because the victim was more vulnerable or fragile than an average person.
The focus is on the initial wrongful act by the defendant, not on the victim's condition.
Key points
The defendant is liable for all consequences of their actions, even if those consequences are unexpectedly serious.
This rule applies even if the injury is more severe due to the victim’s condition.
The extent of harm caused does not need to be foreseeable in its full severity; only the initial act of harm needs to be proven.
Case Law Illustrating the Eggshell Skull Rule
Case: Smith v. Leech Brain & Co. (1962)
Facts:
The plaintiff’s husband worked at a factory.
A small burn injury on his lip was caused by the employer’s negligence.
The burn triggered cancer because the man had a pre-existing condition (a "cancerous predisposition").
The burn developed into fatal cancer, causing his death.
Judgment:
The court held the employer liable for the full extent of the injury (death).
Even though the employer could not have foreseen the cancer or its fatal outcome, they were responsible for the consequences of the burn injury.
This case established that the defendant must take the victim as they find them, including any hidden vulnerabilities.
Summary
| Aspect | Explanation |
|---|---|
| Principle | Defendant liable for full extent of injury |
| Victim’s condition | Does not matter if victim has pre-existing weakness |
| Focus | Initial wrongful act and causation |
| Outcome | Defendant cannot escape liability due to unforeseen severity of injury |
| Key case | Smith v. Leech Brain & Co. (1962) |
In simple words:
If you cause someone harm, and they suffer more than an average person would because of a unique condition, you are still responsible for all the damage, no matter how fragile they are.
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