Legal Definitions - old-soldier's rule

The term old-soldier's rule is another name for the eggshell-skull rule (sometimes also called the "thin-skull rule"). This legal principle states that a defendant is responsible for all injuries they cause to a plaintiff, even if the plaintiff had a pre-existing physical, mental, or emotional condition that made them more susceptible to harm than an average person. In essence, the defendant "takes their victim as they find them." This means they cannot argue that they should only be liable for the extent of injury an "average" or "healthy" person would have suffered.

Here are some examples illustrating the old-soldier's rule:

• Example 1: A pedestrian with a severe, pre-existing brittle bone condition (osteoporosis) is negligently bumped by a cyclist, causing a serious hip fracture. An average person might have only stumbled or sustained a minor bruise from the same impact. Under the old-soldier's rule, the cyclist would be liable for the full extent of the pedestrian's severe fracture, even though the pedestrian's pre-existing condition made the injury much worse than it would have been for someone else.

• Example 2: During a minor car accident caused by a negligent driver, the victim, who had a pre-existing but asymptomatic degenerative disc disease in their neck, suffers a herniated disc requiring extensive surgery. For an average person, the same impact might have only resulted in temporary whiplash. The old-soldier's rule dictates that the negligent driver is responsible for all the medical expenses and suffering related to the herniated disc, as they must take the victim with their pre-existing vulnerabilities.

• Example 3: A construction company's negligence leads to a worker being exposed to a toxic chemical spill. While most workers exposed experience only temporary skin irritation, one worker, due to a rare and undiagnosed allergic sensitivity, develops a severe, chronic autoimmune disorder. The old-soldier's rule means the construction company is liable for the full, severe consequences of the autoimmune disorder, as they are responsible for the harm caused to this specific individual, regardless of their unique susceptibility.