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. This says that a defendant is liable for the injuries he causes but doesn't need to compensate the victim for the debilitating effects which the plaintiff would have suffered anyway because he had a pre-existing condition (the thin skull).
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.