Legal Definitions - eggshell skull

The eggshell skull doctrine is a fundamental principle in tort law, which deals with civil wrongs that cause someone to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.

This doctrine holds that a defendant (the person who caused the harm) is fully responsible for all injuries they cause, even if the victim had a pre-existing vulnerability or condition that made their injuries far more severe than an "average" person's would have been. In essence, the law states that a wrongdoer "takes their victim as they find them." This means the defendant cannot argue that they should pay less compensation because the victim was unusually susceptible to injury, even if that susceptibility was completely unknown and unforeseeable to the defendant.

Here are some examples illustrating the eggshell skull doctrine:

• Scenario 1: Unexpected Physical Fragility

  A driver negligently runs a stop sign and collides with another vehicle. The impact is relatively minor, causing only superficial damage to the cars. However, the passenger in the other car, unbeknownst to anyone, has a rare and severe bone density condition that makes their bones extremely brittle. What would typically be a minor jolt for most people causes this passenger to suffer multiple severe fractures and a prolonged recovery.

  How it illustrates the doctrine: Under the eggshell skull doctrine, the negligent driver is fully liable for all of the passenger's severe injuries, including the extensive medical bills and lost income from the fractures. The driver cannot claim that they should only be responsible for the minor injuries an "average" person would have sustained, because they "take their victim as they find them," including their pre-existing bone condition.

• Scenario 2: Pre-existing Medical Condition

  A pedestrian is walking on a sidewalk when a construction worker negligently drops a small tool from a height, narrowly missing the pedestrian but causing a loud clang and a significant fright. The pedestrian, who has a pre-existing but undiagnosed heart condition, immediately suffers a severe stress-induced heart attack requiring emergency hospitalization and long-term cardiac care.

  How it illustrates the doctrine: The construction company, through its negligent employee, is responsible for the full extent of the pedestrian's medical expenses and suffering related to the heart attack. Even though the heart attack was an unforeseeably severe reaction to what might have been a minor scare for most people, the doctrine dictates that the company is liable for the actual harm caused to this specific individual, with their unique vulnerabilities.

• Scenario 3: Psychological Vulnerability

  A landlord fails to properly maintain a staircase, leading to a tenant tripping and falling. The fall results in only minor bruises for the tenant. However, the tenant had a pre-existing, dormant post-traumatic stress disorder (PTSD) from a past traumatic event. The shock and fear of the fall, combined with the perceived danger, trigger a severe relapse of their PTSD, leading to debilitating anxiety, nightmares, and the need for extensive psychological therapy.

  How it illustrates the doctrine: The landlord is liable for the full cost of the tenant's psychological treatment and emotional distress resulting from the PTSD relapse, in addition to the physical bruises. The landlord cannot argue that an "average" person would only have suffered minor physical injuries and therefore their liability should be limited. The eggshell skull doctrine ensures the tenant is compensated for the full, actual harm they experienced due to their specific psychological vulnerability.