MBE Rules · Torts
Eggshell skull plaintiff
The rule
Defendant takes the plaintiff as found. Even if the extent of injury is unforeseeable due to plaintiff's pre-existing condition or vulnerability, defendant is liable for the full extent of harm. Applies once proximate cause is established for some harm.
In plain English
If someone accidentally hurts another person, they're responsible for all the injuries, even if the person was more fragile than expected.
Worked example
The defendant lightly bumps into the plaintiff, causing them to fall and break a bone due to a rare bone condition. The defendant is liable for the full injury, even though the condition was unknown.
Memory hook
Fragile plaintiff? Full liability! Even unexpected vulnerabilities don't cut liability short.
The trap
Students think: Liability only for foreseeable harm. Wrong, because once some harm is foreseeable, liability extends to all harm. The actual test is the extent of injury doesn't matter.
How examiners test it
The MBE loves: plaintiff with an unusual condition causing severe injury. Trap: assuming defendant isn't liable for the full extent. Remember, once harm is foreseeable, extent doesn't matter.
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