Published: 3rd May, 2024
Context
Emphasizing that the state and central consumer courts misapplied the legal principle known as the "eggshell skull," the Supreme Court reinstated the Rs 5 lakhs in compensation that the district consumer forum had given in a medical negligence case.
What is the rule of the "eggshell skull"?
- In civil action, the common law notion known as the "eggshell skull rule" is utilized.
- In essence, this means that the offender would be responsible for any harm that could worsen as a result of the injured party's unique circumstances, which the offender would not have been aware of.
- Simply put, even if the victim had an exceptionally delicate skull or a "eggshell" for a skull, the defendant would still be liable for whatever harm the victim sustained when he struck him on the head.
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