Eggshell Plaintiff Rule
What happens if someone is negligently knocked to the ground, and they have a medical condition that make it more likely their bones will break? Should the person who pushed this person be held liable for broken bones if someone without this condition would not have suffered as severe of an injury? This kind of case hits at the crux of the eggshell plaintiff rule. In this case, even though the plaintiff has a pre-existing health condition at the time of the accident which results in damages more severe and costly than they otherwise would have been, the defendant would be responsible for damages resulting from the aggravation of that preexisting injury or condition. Also, keep in mind the injured party does not have to be aware of a pre-existing condition before the accident occurs. The condition can be discovered while receiving treatment for injuries related to the initial accident and the defendant can still be subject to liability. If you suffered a severe injury as a result of negligence, including if the injury just aggravated a pre-existing condition, do not hesitate to contact our office.