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Consider the following statements about Eggshell Skull Rule
Statement-I: It is a legal principle stating that an offender is liable for all injuries caused, even if the victim has a pre-existing condition that makes the injury worse.
Statement-II: The rule is applied for claiming an enhanced compensation for damage that is more than what could have been ordinarily anticipated to be caused by the defendant.
Select the correct code.
Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
Statement-I is incorrect but Statement-II is correct
Statement-I is correct but Statement-II is incorrect
Recently the Supreme Court in a judgment delivered in a medical negligence case, explained the applicability of ‘Eggshell Skull Rule’.
Eggshell skull rule- It is a legal principle stating that an offender is liable for all injuries caused, even if the victim has a pre-existing condition that makes the injury worse.
Civil litigation- The rule states that defendant would be held responsible for injuries caused to a person when he hit him on the head, even if the victim had a particularly delicate skull or an ‘eggshell’ for a skull.
Origin- The rule’s origin traces back to the 1891 Vosburg v. Putney case, it emphasizes that one is responsible for the harm caused by their actions, regardless of the victim’s vulnerabilities.
Need- The rule is applied for claiming an enhanced compensation — for damage that is more than what could have been ordinarily anticipated to be caused by the defendant.
Hence option 1st is correct.
By: Shubham Tiwari ProfileResourcesReport error
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