Free Courses Sale ends Soon, Get It Now


EGGSHELL SKULL RULE

1st May, 2024

EGGSHELL SKULL RULE

Copyright infringement not intended

Picture Courtesy: https://www.faleslaw.com/eggshell-rule.html

Context: The Supreme Court restores the compensation of Rs 5 lakhs awarded by the district consumer forum in a medical negligence case, emphasizing that the state and central consumer courts incorrectly applied the ‘eggshell skull’ legal principle.

About the eggshell skull rule

  • The "eggshell skull" rule, also known as the "thin skull rule" in some cases, is a legal principle applied in civil litigation, particularly in cases of personal injury or medical negligence.
  • The essence of this rule is that a defendant is liable for all injuries caused to a plaintiff, even if the plaintiff's condition or physical makeup makes them more susceptible to injury than an average person.

Plaintiff: A person who starts a legal action against somebody in a court of law

Principle

  • The eggshell skull rule states that a defendant is responsible for all damages resulting from their negligent actions, even if those damages are unexpectedly severe due to the plaintiff's pre-existing vulnerability or medical condition.
  • This rule is based on the idea that the defendant is liable for the actual consequences of their actions, regardless of the plaintiff's unique characteristics or sensitivities.

Origin

  • The eggshell skull rule originated from legal cases, such as the 1891 Vosburg v/s Putney case in Wisconsin, USA, where a boy's injury was aggravated due to a kick from another boy, even though the latter did not know about the former's pre-existing condition.
  • Over time, the rule has been applied in various contexts to ensure that defendants are held accountable for the actual consequences of their actions, regardless of the plaintiff's unique physical characteristics.

Recent Supreme Court Case

  • In the recent Supreme Court case involving medical negligence, the court clarified that the eggshell skull rule did not apply because there was no indication that the plaintiff had a pre-existing vulnerability that led to unusually severe damages.
  • Despite rejecting the application of the rule, the Supreme Court enhanced the compensation awarded to the petitioner due to the prolonged pain and suffering endured by the plaintiff over several years.

Conclusion

  • The eggshell skull rule is a fundamental principle in civil litigation that ensures defendants are held accountable for all damages caused by their actions, irrespective of the plaintiff's unique physical condition or vulnerabilities. This rule highlights the principle of fairness and accountability in legal proceedings related to personal injury and medical negligence.

Source:

Indian Express

PRACTICE QUESTION

Q. What does the 'eggshell skull' rule entail in legal terms?

A) It absolves defendants from liability in cases of unforeseen injuries.

B) It holds defendants responsible for all injuries caused to a victim, regardless of the victim's pre-existing conditions.

C) It limits compensation to victims with delicate skull structures.

D) It applies only to cases involving intentional harm.

Answer: B