Eggshell skull

The eggshell skull rule (or thin skull rule or you take your victim as you find him rule of the
common law) is a well-establishedlegal doctrine used in some tort law systems,[1] with a similar
doctrine applicable to criminal law. It means that frailty of the injured person is not a defense in a
tort case.

This rule holds that a tortfeasor is liable for all consequences resulting from his or her tortious
(usually negligent) activities leading to an injury to another person, even if the victim suffers an
unusually high level of damage (e.g. due to a pre-existing vulnerability ormedical condition). The
term implies that if a person had a skull as delicate as that of the shell of an egg, and a tortfeasor
who was unaware of the condition injured that person's head, causing the skull unexpectedly to
break, the defendant would be held liable for all damages resulting from the wrongful contact,
even if the tortfeasor did not intend to cause such a severe injury.

The doctrine is applied in all areas of torts - intentional torts, negligence, and strict liability cases as well as in criminal law. There is no requirement of physical contact with the victim - if
a trespasser's wrongful presence on the victim's property so terrifies the victim that he has a
fatal heart attack, the trespasser will be liable for the damages stemming from his original tort.
The foundation for this rule is based primarily on policy grounds. The courts do not want the
defendant or accused to rely on the victim's own vulnerability to avoid liability.

Smith v Leech Brain [1962] 2 QB 405

A widow brought a claim against the defendant under the Fatal Accidents
Act for the death of her husband. The defendant employed the husband.
As a result of their negligence he incurred a burn to his lip. The lip
contained pre-cancerous cells which were triggered by the injury
sustained. He died three years later from cancer.
Held:
The burn was a foreseeable consequence of the defendant's negligence
and this resulted in the death. The defendant was liable for his death. It
was not necessary to show that death by cancer was foreseeable, nor that
an ordinary person would not have died from the injury. The egg shell
skull rule applies and the defendant must take his victim as he finds him.

Page v Smith [1996] 1 AC 155 House of Lords

The claimant had suffered from ME over a period of time and was in
recovery when he was involved in a minor car accident due to the
defendant's negligence. The claimant was not physically injured in the
collision but the incident triggered his ME and had become chronic and
permanent so that he was unable to return to his job as a teacher. He was
successful at his trial and awarded 162,000 in damages.
Held:
Provided some kind of personal injury was foreseeable it did not matter
whether the injury was physical or psychiatric. There was thus no need to
establish that psychiatric injury was foreseeable. Also the fact that an
ordinary person would not have suffered the injury incurred by the
claimant was irrelevant as the defendant must take his victim as he finds
him under the thin skull rule.