Eggshell skull: Difference between revisions
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The '''eggshell skull doctrine''' in [[tort law]] means that the defendant in a civil litigation who is at fault is responsible for all the consequence of his action, even the plaintiff has a preexisting medical condition or other vulnerability, such as if the plaintiff's skull is as fragile as an eggshell. This doctrine is often used in battery litigations. A famous case that invoked the eggshell skull doctrine is ''[[Vosburg v. Putney]]''. | The '''eggshell skull doctrine''' in [[tort law]] means that the defendant in a civil litigation who is at fault is responsible for all the consequence of his action, even the plaintiff has a preexisting medical condition or other vulnerability, such as if the plaintiff's skull is as fragile as an eggshell. This doctrine is often used in battery litigations. A famous case that invoked the eggshell skull doctrine is ''[[Vosburg v. Putney]]'', which a student kicked another student in the shin, causing serious injury that he did not foresee because the victim had a preexisting condition. The court decided that the student was fully liable even if he did not intend to cause serious harm. | ||
==Sources== | ==Sources== | ||
* [http://www.nolo.com/definition.cfm/Term/F3851D82-8122-4B8B-96ECD1172E959FE5/alpha/E/ Law glossary definition] | * [http://www.nolo.com/definition.cfm/Term/F3851D82-8122-4B8B-96ECD1172E959FE5/alpha/E/ Law glossary definition] | ||
* [http://www.questia.com/PM.qst?a=o&se=gglsc&d=5000185796 Journal article excerpt] | * [http://www.questia.com/PM.qst?a=o&se=gglsc&d=5000185796 Journal article excerpt] | ||
Revision as of 09:09, 8 April 2007
The eggshell skull doctrine in tort law means that the defendant in a civil litigation who is at fault is responsible for all the consequence of his action, even the plaintiff has a preexisting medical condition or other vulnerability, such as if the plaintiff's skull is as fragile as an eggshell. This doctrine is often used in battery litigations. A famous case that invoked the eggshell skull doctrine is Vosburg v. Putney, which a student kicked another student in the shin, causing serious injury that he did not foresee because the victim had a preexisting condition. The court decided that the student was fully liable even if he did not intend to cause serious harm.