What Is the Eggshell Skull Rule?

The eggshell skull rule (AKA “egg shell rule” or “thin skull rule”) is a principle in civil law which states that all victims should be fully compensated for their losses, even in situations where the victim was more-susceptible to injury due to a predisposing condition or preexisting injury.

For example, let’s say you were in a car accident ten years ago which resulted in spinal surgery. While you may have been relatively pain-free for several years now, a minor rear-end accident can easily result in severe pain and discomfort requiring emergency medical care and/or rehabilitation.

Luckily for people in these situations, the eggshell skull rule makes clear that the frailty, weakness, sensitivity, or feebleness of a victim cannot be used as a defense when it comes to compensating a personal injury victim. The defendant must “take the victim as they find them.”

• What Is Modified Comparative Negligence?
• What Is a Letter of Protection (LOP)?
• What Happens to a Personal Injury Lawsuit If the Victim Dies?