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. The term refers to a hypothetical person with a skull as delicate as the shell of an egg. Under the law, a tortfeasor cannot claim his unawareness of the victim’s skull fragility as a defense for the consequence of the wrongful contact

eggshell skull doctrine

A forensic principle based on a largely imaginary possibility. If someone suffers an injury that might be expected to cause moderate but not serious damage, but that person has a pre-existing weakness so that the effects of the injury are severe, the full liability still rests with the defendant. Skulls are frequently much thicker than average, but the eggshell skull is virtually unknown.

Collins Dictionary of Medicine © Robert M. Youngson 2004, 2005

References in periodicals archive

"But he had an eggshell skull. We didn't know it at the time but his skull was much thinner than average, so any form of impact could lead to death.

I've seen so many posts on social media where people say, 'Use your fist, not a knife'. But fists kill too..

The downy pulse of his eggshell skull, his mango skin.

They have taken away my good mirrors

Under the "eggshell skull" rule, the tortfeasor takes his victim as he finds him, and the defendant here is therefore liable for all injuries, including the AMI.

Thomas 512 N.W.2d 537 [Iowa 1994]), features the legal maxim called the "eggshell skull" rule.

'Eggshell skull' rule

The court applied the "eggshell skull" rule for the serious injuries as the tortfeasor "takes the victim as he finds him."

Osteoporosis malpractice

This rule is different from the "Eggshell Skull Rule," which refers to the negligent defendant's responsibility for all aggravated injuries resulting from a preexisting condition.

Compensatory damages

Choice A describes the "eggshell skull rule" and is irrelevant here.

Res ipsa loquitur

Eggshell skulls and loss of hair from fright: some moral and legal principles that protect susceptible subpopulations.

Pesticide testing on human subjects: weighing benefits and risks

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