What is the thin skull rule in law?Asked by: Tyler Quitzon | Last update: February 19, 2022
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The eggshell skull rule, also known as the thin skull rule, says that the frailty, weakness, sensitivity, or feebleness of a victim cannot be used as a defense in a personal injury claim. ... The reckless conduct caused your injuries. You suffered damages, like wage loss, medical bills, and pain and suffering.
What is meant by the thin skull rule?
The principle that dictates that a defendant is liable for the full extent of the harm or loss to the claimant even where it is of a more significant extent than would have been expected, due to a pre-existing condition or circumstance of the claimant.
What is the thin skull rule in law UK?
Under the thin skull rule, the defendant must take his victim as he finds him. This means if he has a particularly vulnerable victim he is fully liable for the consequences to them even if an ordinary person would not have suffered such severe consequences.
Does the thin skull rule apply to criminal law?
The eggshell rule (also thin skull rule or talem qualem rule) is a well-established legal doctrine in common law, used in some tort law systems, with a similar doctrine applicable to criminal law.
How do you apply the thin skull rule?
Under the thin-skull rule, a defendant must take his victim as he finds him. This includes all of the defendant's physical and emotional characteristics. It does not matter whether the victim is aware of these characteristics.
The Thin Skull Rule
What is eggshell law?
The “egg shell skull” rule and challenges ahead. Regardless of the injury sustained, the frailty and fragility of a claimant is no defence in a tort claim. The thin skull rule, also known as the “egg- shell rule”, is a well-established principle in both English tort and criminal law.
What is the eggshell theory?
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.
What is eggshell skull rule in tort?
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. The eggshell skull rule is often also called thin skull rule. History.
What is eggshell defense?
(redirected from Eggshell Defense) A rule that holds a tortfeasor liable for all consequences resulting from a tortious and/or negligent act that led to the injury of another person, regardless of whether the victim was unusually susceptible to harm.
Who is a tortfeasor in law?
A person who commits a tort is known as a tortfeasor . if the court determines that the defendants tort has caused the plantiff to suffer loss or harm, then the defendant is deemed legally responsible or liable to compensate the plaintiff. More the one tortfeasor may be involved in contributing to a tort.
What is novus actus?
Novus actus interveniens is Latin for a "new intervening act". In the Law of Delict 6th Edition, Neethling states that a novus actus interveniens is "an independent event which, after the wrongdoer's act has been concluded either caused or contributed to the consequence concerned".
What is the Talem Qualem rule?
In general, the thin-skull rule dictates that a Defendant cannot use the extraordinary vulnerability of the Plaintiff as a defence. This is also referred to as the talem qualem rule. The rule is based on the principle that you take your victim as you find them.
Is egg shell skull rule fair?
Why Does the Eggshell Skull Doctrine Exist? This rule is based on the concept that the defendant must take the plaintiff “as he finds him.” It is fair for the defendant to compensate the plaintiff for all of the hard that he caused even if the damage was unexpected.
What is novus actus Interveniens in tort law?
Novus actus interveniens is a Latin maxim which literally means “new intervening act”. Basically, it refers to a new act that takes place independently after the defendant has concluded his act and contributes to the resulting harm.
What happened in the case of Roberts 1971?
After a party the male defendant R, gave the female victim a lift in his automobile. ... The defendant was charged with sexual assault and assault occasioning actual bodily harm and was convicted at trial of assault occasioning actual bodily harm but acquitted of sexual assault.
Does the thin skull rule break the chain of causation?
So the refusal of your victim to treatment would not relieve you of liability in the thin skull rule. And so it wouldn't break the chain of causation.
What is crumbling skull in law?
The crumbling skull rule deals with a plaintiff that has an unstable pre-existing condition. The defendant need not compensate the plaintiff for the effects of their condition, which they would have experienced anyway. The defendant is liable for additional damage, but not the pre-existing damage.
Does the eggshell skull rule apply to property damage?
Under the eggshell skull rule, any person responsible for an injury must pay for your damages – even if your injuries were far more severe than expected.
What is the key case in relation to the take your victim as you find them principle?
The eggshell skull rule—also called the thin skull rule—says that you take your victim as you find them. Essentially, the frailty of the person who was injured cannot be used as a defense to limit the liability of the at-fault party.
Who won Garratt Dailey?
Conclusion: The Court held the law of battery is the law applicable to adults, and no significance has been attached to the fact that Defendant was a child less than six years of age when the alleged battery occurred.
What does reasonable person standard mean?
The “reasonable person” is a hypothetical individual who approaches any situation with the appropriate amount of caution and then sensibly takes action. It is a standard created to provide courts and juries with an objective test that can be used in deciding whether a person's actions constitute negligence.
What does causation mean in law?
Causation, in legal terms, refers to the relationship of cause and effect between one event or action and the result. ... In a personal injury case, one must establish causation—meaning that it's not enough to show that the defendant was negligent. The negligence must be what caused the complainant's injuries.
What are the 5 elements of negligence?
Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm. Your lawyer may help you meet the elements necessary to prove your claim, build a successful case, and help you receive the monetary award you deserve.
What is contributory negligence?
Contributory negligence is the plaintiff's failure to exercise reasonable care for their safety. ... Contributory negligence can bar recovery or reduce the amount of compensation a plaintiff receives if their actions increased the likelihood that an incident occurred.
How do you use but for test?
Spanning both civil and criminal law, the but for test broadly asks: “But for the actions of the defendant (X), would the harm (Y) have occurred?” If Y's existence depends on X, the test is satisfied and causation demonstrated. If Y would have happened regardless of X, the defendant cannot be liable.