eggshell skull rule

We are available any time, day or night, at (855) 326-0000. It was held that there was no novus actus as a result of medical treatment of injuries caused by the defendants negligence, unless such treatment is inexcusably bad or completely outside the bounds of what a reputable medical practitioner might prescribe.[12]. 28.9. As commonly stated in this area of law, a defendant must "take his victim as he finds him," and is responsible for all consequences that arise from his actions, even if the injuries are far more severe than he could have reasonably foreseen. No one could have predicted the level of injury. The principle that a defendant is liable for a plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional act. Under this rule, for example, if one person negligently scrapes another who turns out to be a hemophiliac, the negligent defendant is liable for the full extent of the . However, applying this rule often complicates cases. [citation needed] The foundation for this rule is based primarily on policy grounds. His predisposition to cancer did not matter, nor did the results of the injury. Universal Law Group is committed to our vision of personalized, efficient, and responsive service. In other words, when a plaintiff is more susceptible to injury, the defendant (at-fault party) can still be liable for their damages, even if the accident would not have injured an average person. [10], In the Australian case of Nader v Urban Transit Authority of NSW,[4] the plaintiff was a 10 year old boy who struck his head on a bus stop pole while alighting from a slowly moving bus. The Eggshell Plaintiff Doctrine in Illinois. It holds the party at-fault in an accident responsible, even when the victim's injuries are more significant than anticipated due to a pre-existing injury or a particular frailty which makes the victim more susceptible to harm. Getting blamed for [], One of the first questions many people have an injury is, How long do I have to make a personal injury claim? While thats an extremely important piece of information to know, it can also be misleadingand in some ways, the wrong question to ask. To export a reference to this article please select a referencing stye below: UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. They have no pertinence to the issue of whether, once that contact has occurred, the defendant is responsible for whatever adverse consequences the plaintiff sufferswhether they are foreseeable or not. Id. Intervening cause is typically an exception to the eggshell skull rule. ;26?AB827",o="";for(var j=0,l=mi.length;j

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