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Premises Liability and the “Eggshell Plaintiff”

February 22, 2018 Ann Jacobs

Q: What is the term the “eggshell plaintiff” mean?

“Eggshell plaintiff” is a legal term for, basically, taking people as they come. The law requires of us a duty of care towards all people, regardless of their preexisting physical condition.

If you are negligent, that is, if you fail to do what an ordinary and prudent person would do under similar circumstances, and you cause an injury to someone, you’re responsible for that person’s injuries, even if the injury seems disproportionate to the accident.

The eggshell plaintiff is traditionally illustrated as someone who has a fragile skull. When they fall and hit their head, instead of just standing up and shaking it off like a typical person might, perhaps they sustain a serious brain injury or die. You won’t know that by looking at them, you won’t know talking to them, but the serious injury is the outcome of their trip and fall caused by the negligence of another.

Filed Under: Insurance Companies, Personal Injury

 
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