California Eggshell Plaintiff Attorney

The most basic statement of the eggshell plaintiff doctrine is that a tortfeasor or wrongdoer takes his victim as he finds him.  More specifically, the eggshell plaintiff rule holds that a person is liable for all consequences resulting from his or her wrongful actions leading to an injury to another person, even (a) if the victim suffers an unusually high level of harm as result of a pre-existing condition or vulnerability, (b) such harm was not reasonably foreseeable, and even if (c) the wrongfoer did not intend to cause such a severe injury. The rule is an exception to the general principle that damages must be reasonably foreseeable.   The doctrine is applied in all areas of torts – negligence, strict liability and intentional torts.

Examples of the Eggshell Plaintiff Rule

In one case, the victim suffered a burn to his lip as a result of the defendant’s negligence. The plaintiff had had a pre-malignant condition which lead to cancer, and he died.  The court held that the proper test for liability was whether the defendant could have foreseen the type of the injury, not the extent of the damage.  The defendant was found fully liable for the harm to the victim.

In another case, a man had a heart attack and died after being bruised in the chest when the car he was in was rear-ended.  The court found that the eggshell plaintiff rule applied, and the defendant was found fully liable for the victim’s injuries.

Courts have also found that the rule may apply in cases of psychological injury. The plaintiff in one case received only minor physical injuries in a car crash but developed a psychological injury due to her pre-existing fear of pain.  Defendant was found liable to her for both her physical and psychological injuries because the physical injuries were foreseeable and were combined with a pre-existing psychological condition.

Contact an Experienced Eggshell Plaintiff Attorney

If you have been the victim of a tort and think that the eggshell plaintiff rule may apply to your case, you should consult with an attorney experienced in tort litigation who can review the facts of your case and advise you of your rights.   A skilled attorney can help you recover all of the damages to which you are entitled.

Because of our strategic approach to handling your lawsuit, we can take on the most complex personal injury and wrongful death cases. We are skilled in negotiation and trial practice, ready to get results in any forum.  E-mail us or call us at 1.800.973.2263 for a free consultation about what we can do to help you get results. We are available to serve people in Santa Monica, California, and throughout the United States.