Many people are under the false impression that if they have a pre-existing condition, and that condition is made worse during an accident, then they cannot file a personal injury claim for that injury. This is false. To better understand, read on to learn about the eggshell rule and how it can protect people in this specific situation. Then contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
The Basics of the Eggshell Rule
The eggshell rule is in place to prevent the at-fault party’s liability from being reduced due to a pre-existing condition. The eggshell rule says that just because a person might be more susceptible to injury compared to the average person, they should still be compensated for their damages. For example, if one party kicks another party, and the kick results in a broken bone, the injured party should be able to sue for damages even if they have a bone condition that makes their bones more likely to break than the average person.
Examples of the Eggshell Rule Being Applied
The eggshell rule applies to all negligence cases. Consider this example: a woman is driving down the road in California. She is texting while she is driving and hits a station wagon that was legally stopped at a stoplight in front of her. The driver was only going two miles per hour when she hit the station wagon, yet the person in the station wagon has a condition known as osteogenesis imperfect a, which results in several bone fractures.
In most cases, a typical person would not have suffered such serious injuries when traveling at that speed, and the driver tries to use this as an excuse not to pay the full medical costs. The court will likely determine that the eggshell rule applies, which makes the driver responsible for the injuries, even if those injuries would not have likely happened to someone else.
Another example is a landlord who becomes aware of stairs that are broken and breaking. They neglect to take action or provide adequate warning, and eventually, a tenant falls on the broken stairs. That tenant has a blood clotting disorder that results in them losing a lot of blood and missing several weeks at work. The landlord would still be found negligent even though the average person might not have suffered such a serious injury.
Get Help with Your Specific Case
The above information should help you better understand the way the eggshell work and cases it applies to. However, if you have suffered an injury in a personal injury case, you might wonder what your options are and if this rule applies. The best way to get an idea of your options is to contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.