Legal Definitions - goose case

The term "goose case" refers to a legal principle, often known as the "thin skull rule" or "eggshell skull rule," which dictates that a defendant must "take their victim as they find them." This means that if a defendant's wrongful act causes injury to a plaintiff, the defendant is liable for the full extent of the plaintiff's injuries, even if those injuries are more severe than they would have been in an average person due to the plaintiff's pre-existing vulnerability or condition. The defendant cannot argue that they should only be responsible for the harm an "ordinary" person would have suffered.

Here are some examples illustrating this principle:

• Example 1: Physical Injury with Pre-existing Condition
  A driver negligently runs a red light and collides with another vehicle. The passenger in the other car, unbeknownst to the negligent driver, has a rare and severe bone density disorder that makes their bones exceptionally fragile. The relatively minor impact, which would typically cause only bruising or whiplash in an average person, results in multiple complex fractures and long-term disability for this passenger.

  How it illustrates the term: The negligent driver is fully liable for the passenger's extensive injuries and disability, even though the impact was minor and the passenger's harm was far more severe than anticipated due to their pre-existing medical vulnerability. The driver cannot claim they should only pay for the injuries an "average" person would have sustained.

• Example 2: Property Damage with Unique Value
  A construction crew accidentally severs a water main, causing a flood in a nearby residential area. One homeowner's basement is inundated, damaging a meticulously curated collection of rare, first-edition comic books, each valued at thousands of dollars, which the homeowner had spent decades assembling. Most other homes in the area suffered damage to common furniture and electronics.

  How it illustrates the term: The construction company is liable for the full market value of the unique and highly valuable comic book collection, even though the same flood might only have caused much less expensive damage in another home. The company cannot argue that they should only compensate for "average" property damage; they must account for the specific, unique value of the property they damaged.

• Example 3: Emotional Distress with Pre-existing Mental Health Vulnerability
  An individual engages in a campaign of cyberbullying against a former acquaintance. The victim, who has a pre-existing but well-managed anxiety disorder, experiences a severe relapse, leading to debilitating panic attacks, agoraphobia, and a need for intensive psychiatric treatment, far beyond what an average person might experience from similar online harassment.

  How it illustrates the term: The cyberbully is liable for the full extent of the victim's severe mental health deterioration, including the costs of extensive therapy and medication, even if the harassment might not have caused such a profound impact on someone without the pre-existing anxiety disorder. The perpetrator is responsible for the unique vulnerability of the victim.