Eggshell Skull Rule

Definition - What does Eggshell Skull Rule mean?

The eggshell skull rule is a tenet of common law. It stipulates that someone with a pre-existing condition that exacerbates a personal injury should be fully compensated for any losses incurred – even though the person responsible for the injury was unaware of said condition.

This concept is also referred to as the "thin-skull rule."

Justipedia explains Eggshell Skull Rule

The eggshell skull rule is applied in personal injury cases in which someone who gets hurt has an underlying medical condition that makes the injury worse than it would have been in someone without that condition.

For example, a slip and fall injury that would result in a sprain or simple fracture in a healthy person could cause a compound fracture in someone with osteoporosis. Such an injury would likely result in greater pain and suffering, significant medical treatment – including potential surgery – and greater expenses.

Under the eggshell skull rule, the person who caused the injury would be responsible for compensating the victim fully, even though they did not know that the victim had an underlying medical condition.

Share this:

Connect with us

Find a Lawyer