WebJun 7, 2012 · Consequently, the aggravation doctrine provides generally that, “notwithstanding the eggshell skull rule, a ‘defendant ․ is liable only for the extent to which the defendant's conduct has resulted in an aggravation of the pre-existing condition, and not for the condition as it was.’ “ Schaub v. WebAlso called the “eggshell rule” or “eggshell plaintiff rule,” this doctrine essentially means a defendant’s liability is not reduced because a victim is more vulnerable to injury. …

McLAUGHLIN v. BNSF RAILWAY COMPANY (2012) FindLaw

WebJan 20, 2024 · The state of California recognizes that many injury victims may have pre-existing conditions that can be made worse in an accident. The eggshell skull doctrine, … WebDec 7, 2024 · Pure Comparative Fault. Unlike most states, California law dictates that courts must use the pure comparative fault rule to allocate liability for non-economic damages. What this means is that even if the court determines that you were more responsible for your accident than any other party, you can still receive a proportional … reification in psychology

The Eggshell Skull Rule vs. The Crumbling Skull Rule

WebThe eggshell rule, also known as the eggshell skull or thin-skull, is a legal doctrine that states that any individual who causes harm to another cannot use the frailty of the injured victim as a legitimate defense. This doctrine is applied in accident cases, where the defendant aggravates a plaintiff’s existing condition. WebDec 13, 2024 · However, California courts prohibit this type of defense. A legal doctrine known as the eggshell skull rule states that defendants are liable for the full extent of … WebThe eggshell skull rule, also known as the thin skull rule, is a common law doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions … reification norsk