Thin skull & crumbling skull

Last revised December 04, 2023

Thin skull and crumbling skull cases deal with plaintiffs that have pre-existing medical conditions.

The thin skull rule makes the defendant liable for the plaintiff's injuries even if the injuries are unexpectedly severe owing to a pre-exisiting yet stable condition.  The defendant must take the victim as they find them with whatever peculiar weaknesses and predispositions they might have, and is liable even though the plaintiff's losses are more dramatic than they would be for the average person.

The crumbling skull rule deals with a plaintiff that has an unstable pre-existing condition.  The defendant need not compensate the plaintiff for the effects of their condition, which they would have experienced anyway.  The defendant is liable for additional damage, but not the pre-existing damage.