What Is the Thin Skull Rule?

The Thin Skull Rule refers to the same law as the Eggshell Skull Rule, the Eggshell Plaintiff Rule, the Special Sensitivity Rule or the Old Soldier’s Rule. The rule states that a defendant’s liability extends to uncommon and even unforeseeable results for the victim. Basically, the victim’s pre-existing vulnerability does not reduce the defendant’s responsibility.

Thin Skull Rule and Personal Injury Law

Thin Skull Rule cases all begin with the same elements as any other personal injury case.

• The defendant owes the plaintiff a duty.
• The defendant did not fulfill the duty.
• Harm came to the plaintiff because of that lack of fulfillment of duty.
• The harm results in a loss, such as medical bills, lost time at work (wages), and pain and suffering.

Personal injury also includes the concept that damages are reasonably foreseeable. That way, people are responsible for the consequences of their actions. Laws also cover carelessness and inattention, so long as the actions of a defendant were avoidable.

For example, if someone drives along and suddenly experiences medical symptoms that result in the driver causing a crash, the scenario will receive different treatment than one in which the driver were simply driving distracted, such as with texting while driving. The driver suffering an unexpected medical symptom would not have the same level of responsibility as someone who was being negligent, even though both drivers did not intentionally cause a crash. The case would be different, however, if the driver was aware of a medical condition that could lead to such a symptom, and negligently chose to drive anyway.

Foreseeability Defense Turns Into a Thin Skull Defense

The Thin Skull defense basically represents an exaggeration of the foreseeability defense. The foreseeability defense claims that the defendant could not reasonably foresee that the action would result in harm to the plaintiff. In a Thin Skull defense, the defendant’s lawyer argues that the plaintiff suffers from pre-existing conditions or a status that makes their injuries worse than expected. Therefore, the defendant simply did not reasonably know about the defendant’s condition. The argument follows that the resulting damages must not be the defendant’s responsibility.

A civil trial fortunately does not permit this argument. The law says that the defendants must take their plaintiffs as they find them. The defendants remain responsible for any and all injuries resulting from their actions. A plaintiff’s pre-existing condition is, therefore, irrelevant.

How to Recognize a Thin Skull Case

The most common example of a Thin Skull case in legal texts explains it in a hypothetical scenario. Someone negligently bumps a man and knocks him over onto the ground. The man bumps his head. This appears as a minor incident from which most people would get up and continue along, with perhaps little more than a bump on their head. However, because this particular man lives with an eggshell skull, so this fall causes a skull fracture and a serious brain injury.

The Thin Skull Rule states that the defendant does not escape liability for damages on account of the man’s unusually thin skull.

Calculating Damages in Thin Skull Cases

Calculating damages in Thin Skull cases does require an adjustment. The possibility that a plaintiffs pre-existing conditions would result in some harm even without the tort needs assessed in each case. Liability claims of damages drop when the risk of damages remains remote and not in proportion to the defendant’s responsibility.

The Protection of Everyone

The courts do not speculate about how healthy people and more fragile individuals respond to carelessness or negligence. Everyone receives the full protection of the law, without the consideration of pre-existing states or conditions.

If the Thin Skull Rule did not offer protection to individuals, the old and sick would receive less protection than the strong and healthy in personal injury cases. A focus on actual harm done and the avoidance of speculation supports the equal protection of everyone.