Eggshell Skull

Eggshell skull rule is a principle of the law of torts that a defendant is liable for a plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional act. The doctrine of the eggshell skull implies that the defendant in a civil case must take full responsibility for all the damages that he/she caused to the victim, even though the particular plaintiff was more susceptible than a normal person may have been.

Frailty, weakness, or sensitivity of a victim cannot be used as a defence in a personal injury claim. Attorneys often use the eggshell skull rule when an at-fault driver's negligence aggravates a victim's pre-existing injury or condition.


1. The at-fault party owed you a duty of care, like the duty to look out for pedestrians and other drivers

2. The at-fault person violated this duty of care by running a red light, texting while driving, or engaging in other reckless activities

3. The reckless conduct caused your injuries

4. You suffered damages, like wage loss, medical bills, and pain and suffering