The eggshell skull principle, or the rule of the “thin skull,” is a well-known concept in the history of personal injury law. The ancient rule of law states that a tortfeasor (that is, a person who commits a wrongful act) is responsible for any harm that they cause to their victim – even if the victim is particularly vulnerable to that harm due to a pre-existing condition or attribute, such as a thinner-than-average skull.
What does this mean for modern business disputes? In essence, it means that businesses should be conscious of and exercise caution when dealing with individuals, particularly those with existing conditions, disabilities, or other characteristics that may make them particularly susceptible to harm. Even if a business is not responsible for the initial condition, it may still be liable for any harm caused to the person due to that condition.
Examples of the Eggshell Skull Principle in Business
Imagine a situation in which an employer has hired an employee whose medical history includes a pre-existing allergy to peanuts. Even if the employer was unaware of the allergy prior to hiring, they may still be liable for any harm caused by exposure to peanuts in the workplace. Similarly, if a customer has a medical condition that increases their risk of serious injury from a routine utility such as an escalator, the company responsible for maintaining it may be liable for any harm caused, even greater than anticipated.
Recap: Applying the Eggshell Skull Principle in Business
The eggshell skull principle states that tortfeasors responsible for causing harm to a victim are liable for the full extent of the harm, even if the victim has a pre-existing condition or vulnerability that increases their susceptibility to that harm. This ancient rule applies to modern business disputes in which a company or employer may be liable for any harm caused to customers or employees due to their vulnerabilities or pre-existing conditions.