Most people have never heard of the “eggshell plaintiff” or “thin skull” rule – at least by those names. It typically is used in personal injury cases involving older people and those with medical conditions who are more likely suffer serious and long-term harm if they are injured than the “average” person would.
Under this rule, the party at fault for the injury is just as responsible for compensating a vulnerable plaintiff for damages as they would be if a younger, healthier person suffered only minor injuries. The idea is that if a business, property owner or other responsible party was negligent or reckless, they must “take their victim as they find them.”
This applies whether a person is injured due to a broken railing, a crack in a walkway, a slippery floor or in a car crash. It can even apply in cases where someone is mistakenly served a restaurant item to which they’re allergic. One person may suffer only a mild reaction, while another may have a nearly fatal one.
Falls can result in serious harm to seniors beyond broken bones
Seniors can suffer particularly serious injuries in trip- or slip-and-fall accidents. Their bones are more likely to fracture than a younger person’s are and to take longer to heal. Further, they can also suffer more serious traumatic brain injuries (TBIs) if they strike their head in a fall. That’s because as a person ages, their brain shrinks, as do the bridging veins that connect it to the skull. Those things, coupled with the fact that many older people take blood thinners, make bleeding in the brain more likely in a TBI. That’s dangerous and potentially fatal if not caught and treated quickly.
No one should assume – or let themselves be convinced by others – that they aren’t owed fair compensation for their medical costs along with other expenses and damages just because they may be higher than those for another victim. The key is whether the defendant’s negligence or actions caused the injury in the first place.
It’s crucial not to sign any kind of liability waiver a business might present after an injury occurs, or to agree to a settlement without first getting experienced legal guidance. This can help vulnerable people protect their rights.