Crumbling Skull Rule

A legal doctrine related to the eggshell/thin skull rule, which limits a tort defendant’s responsibilities for a plaintiff’s injuries to the plaintiff’s condition at the time of the alleged tort
References in periodicals archive ?
The Supreme Court of Canada recently decided a case that elaborated the meaning of one of the law's more colourful images, the crumbling skull rule.
The thin skull rule has been well established in Canadian law since the turn of the century, but advocates for defendants have tried to soften the blow, so to speak, by putting forth the crumbling skull rule.
The court heard an argument from the respondents that the crumbling skull rule should prevail: that the plaintiff was pre-disposed to disc problems and so the respondents shouldn't be liable for damage resulting from this condition, which the plaintiff would have experienced anyway.
In the case of the British Columbia man, Canada's top court found that there was no evidence that his disc problem would have occurred without the accidents, and therefore there was no reason why his award of damages should be reduced on the basis of the crumbling skull rule.