THE EGGSHELL RULE.

THE EGGSHELL RULE: EFFECT AND APPLICATION 

OBI LILIAN CHINENYENWA

UNIVERSITY OF PORT-HARCOURT

    The fragility of an egg makes it susceptible to breakage if not handled with utmost care. The fact that the egg is fragile is not a good defense for breakage. This forms the underlying principle behind the Eggshell rule.

The Eggshell rule also known as the Thin-skull rule describes the principle that a defendant must “take the victim as he finds him”. This means that particular vulnerabilities or frailties of a victim cannot be considered when determining the liability of the defendant. 

    The Eggshell rule is a legal doctrine that applies in Tort law which has an identical replica in criminal law. The effects of this rule is that a tortfeasor shall be unable to limit the extent of his liability for damage with the defence that the victim had a pre-existing condition or injury that aggravated the damage beyond the reasonable foreseeable damage.

Let’s paint a hypothetical scenario.

Mr Babka was seen walking majestically on the streets of Agbaja when Mr. Toussan, in his flashy Mercedes Benz, drove past him, splashing dirty water in his direction. Feeling remorseful, Mr. Toussan exited his car with the intention to apologize to Mr. Babka. However, he was met with a barrage of insults and derogatory statements from Mr. Babka, accusing him of driving carelessly.

Enraged by the verbal assault, Mr. Toussan rushed towards Mr. Babka and delivered a punch to his stomach. Mr. Babka fell to the ground, marking the tragic end of his life.

It was later discovered that Mr. Babka wouldn't have died if not for the kidney disease he was diagnosed with two months ago.

Although, Mr. Toussan was oblivious of the fragility of Mr.Babka’s condition, can he be held liable for his death?

    Applying the Eggshell skull rule to this hypothetical scenario, Mr. Toussan is liable for the death of Mr. Babka.

The principles of the Thin-skull rule has been applied in a plethora of cases.

The rule dates back to the 1891 case of Vosburg V. Putney, where a boy with an irritant microbial condition was kicked by his classmate which resulted in the loss of his leg. The court however, held that kicking was a wrongful act and the tortfeasor should bear all eventual liabilities irrespective of how inconsequential the force of the kick was in relation to the resultant injury.

The classic case that gave rise to the doctrine is Dulieu V. White & Sons (1901) 2KB 669 at 679 (called the “Thin-skull” case), in this case the judge opined: “If a man is negligently run over or otherwise negligently injured in his body, it is no answer to the sufferer’s claim for damages that he would have suffered less injury or no injury at all, if he had not had an unusually thin skull or an unusually weak heart”.

The rule also applies in the English case of Smith V. Leech Brain & Co. (1962) 2QB 405, where an employee was splashed with molten metal in a factory, he died as a result of the injury which occurred in his lip, which already had malignant tissue. The court held that regardless of his condition and the fact that such an injury would never have resulted to death if all things were equal, the employer still bears full liability. 

Furthermore, in the case of Bharma V. Dubb (2010) EWCA Civ 13, the plaintiff (a sikh) attended a wedding catered by the defendants. The claimant consumed a dish containing eggs (to which he was allergic) and died as a consequence. However, the defendant not knowing of the Claimant’s allergy, was still held liable.

     The Eggshell rule is often applied in cases of negligence, personal injury, and criminal law particularly in cases of assault or battery where a victim’s pre-existing condition may make them more vulnerable to harm. The rule serves to protect vulnerable individuals and ensure the defendants are held accountable for the full extent of the harm they cause, regardless of the victim’s pre-existing condition or vulnerability.

REFERENCES 

A CRITICAL ANALYSIS OF THE EGGSHELL RULE IN NIGERIAN LAW OF TORT < https://omaplex.com.ng/a-critical-analysis-of-the-eggshell-rule-in-the-nigerian-law-of-torts/> accessed 11/02/24.