skull
Is the eggshell skull rule fair to defendants? Why should someone who has caused a possibly minor injury be?
Is the “eggshell skull” rule fair to defendants? Why should someone who has caused a possibly minor injury be subjected to liability for unforeseeable consequences just because they are of the same general type as the injury he could foresee? Why doesn’t the same rule apply to property damage?
I think it is fair to defendants that willfully cause injury or damage. They obviously intended damage and should have to answer for everything stemming from their willful action.
If a defendant makes a mistake not only did they not see the damage coming(as they did not mean for it to happen) but they definitely would not have foreseen further damage.
I think each should be decided individually, there should be no “one size fits all” type of situation.
As for property damage, I do not think it is the same as a person. A person can be injured and also have mental trauma(that is unforeseeable damage) you would not get that type of damage when dealing with property.
This is entirely from the defendants point of view of course.
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