The eggshell rule, also known as the “thin skull rule”, states that if an individual suffers an injury due to previous ailment, it cannot be used as a defence to minimize the defendant’s liability. This means that the defendant will still be responsible for all effects, even in the worst scenarios where the harm created is more significant than anticipated. The phrase suggests that a defendant would be held liable for all damages resulting from the wrongful conduct, even if the tortfeasor did not intend to cause such a severe injury, if a person had a skull as delicate as the shell of an egg and a tortfeasor who was unaware of the condition injured that person’s head, causing the skull to break unexpectedly.
The victim’s vulnerability to escape liability cannot be used as a defence by the defendant. The well-known criminal law principle “take your victim as you find him” also applies to tort law. All types of torts, including strict liability, negligence, nuisance, trespass, and intentional torts, are covered by this rule. The rule makes it plain that the tortfeasor does not have to be present while the victim is at risk physically. For instance, the trespasser will be entirely responsible if their entry into a house causes the victim to have a heart attack. Regardless of whether the victim was more vulnerable than the average person may have been, the concept requires that the defendant in a civil proceeding bear complete liability for compensating.
