The Eggshell Skull Doctrine states that you find your victim the way your victim is.
What does that mean?
For example, you can be liable if you accidentally bump into someone who has a rare disease that causes their bones to be brittle and break, and they fall and injure themselves.
Unfortunately, it does not matter that they have an underlying condition. Under the law, you break it. You buy it.
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#justiceislovely #thelovelylawfirm #charleston - In this case, regardless of whether she intended to push her or not, I don't think anybody's alleging that she was aiming to kill this woman. And what ends up happening is that some people will say, and I think there's something floating around on the internet that I've seen that maybe Miss Barbara had a condition that made her more susceptible to a brain injury and therefore from dying, from a shove or a knock, that for most of us would just be an annoyance. And some people say, well, how could Lauren have possibly known? And the response to that is that there's a doctrine in the law called, funny enough, although a little bit tragically in this case, the eggshell skull doctrine. And what it basically means is that you find your victim, you take your victim as you find them. It means that even if someone has a condition that makes their bones super brittle, easily broken, you could just give them a little bit of a shove and they break, it does not matter whether 999,000 people out of a million would not have been harmed by what you did. The fact that they were harmed and that you caused it, you own it now. You bought it, you break it, you buy it.
- It's interesting.
- And I think maybe a million other people in Manhattan get shoved the way that Lauren shoved Miss Barbara and nothing happens and we're not hearing about this. And in this case, it was the worst possible day for Barbara, is a bad day for Lauren as well, regardless of whether she meant to do this or not.
