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The "crumbling skull" doctrine is an awkward label for a fairly simple idea. It is named after the well-known "thin skull" rule, which makes the tortfeasor liable for the plaintiff's injuries even if the injuries are unexpectedly severe owing to a pre-existing condition.
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In the end result, Mr. Pike's compensation for his future losses and pain and suffering was reduced by 20% to account for the "crumbling skull" likelihood of problems that would have developed even if the crash had not occurred. Published. in the Kelowna Capital News. Posted May 5, 2015 on Kelowna Capital News Online.
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Application of the Thin Skull and Crumbling Skull Rules: Case Law Examples Thin skull and crumbling skull rules are especially relevant in cases involving multiple causes of injury and loss. Athey v. Leonati (1996) involves a series of Canadian court de-cisions that highlight the complexities inherent in applying the thin skull and crumbling.
The Thin Skull Rule and the Crumbling Skull Rule What Are They? James H. Brown & Associates
The "crumbling skull" plaintiff (yes, lawyers and judges can be quite morbid) is a relative of the thin skulled plaintiff and it is also a rule of law. The "crumbling skull" rule simply recognizes that a person's pre-existing condition was inherent in the person's "original position" and the tortfeasor need not put the plaintiff.
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The crumbling skull rule is a well-established legal doctrine used in some tort law systems. It holds that where a plaintiff had a condition or injury that predates the tort and would have naturally deteriorated or worsened over time (e.g. a crumbling skull), the defendant is not responsible to the degree that the condition or injury would have.
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The counter argument is referred to as "thin skull", which means that the defendant is liable for the plaintiff's injuries even if the injuries are unexpectedly severe due to the plaintiff's pre-existing but stable condition. The Supreme Court of B.C. cited B.C.'s Court of Appeal to explain the distinction between "think skull.
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This article provides operational definitions of the thin skull and crumbling skull rules, presents a case that involves a series of court decisions that exemplify the difficulties associated with.
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The crumbling skull rule by contrast operates to limit recovery of compensation where the victim of the accident had a pre-existing condition that would have degenerated into the injury regardless of the accident in question has occurred. In such cases, the subject accident merely accelerates the degenerative process by which the pre-existing.
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The Supreme Court of Canada discussed the thin skull and crumbling skull rules at length. A thin skull plaintiff is one who has a latent, pre-existing condition or vulnerability to injury which is brought out by a tortious act but which would not otherwise have exhibited itself. The Court states that the thin skull rule "makes the tortfeasor.
(PDF) To Crack or Crumble Use of the Thin Skull and Crumbling Skull Rules
Last revised December 04, 2023. Thin skull and crumbling skull cases deal with plaintiffs that have pre-existing medical conditions. The thin skull rule makes the defendant liable for the plaintiff's injuries even if the injuries are unexpectedly severe owing to a pre-exisiting yet stable condition. The defendant must take the victim as they.
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The Court also addresses the difficult and often misunderstood issue of damage awards in cases involving thin skull and crumbling skull plaintiffs. This paper deals with the principles established in the Athey decision and their implications in the areas of causation and damages. The paper begins with a detailed analysis of the Athey case and.
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'Thin Skull' or 'Glass Jaw' At the stage of compensation, the thin skull and crumbling skull rules play very different roles. As discussed in more details below, while the thin skull will tend to increase the quantum of damages, the crumbling skull will tend to reduce it. In essence, this is the scenario of the truly vulnerable victim.
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Thin skull and crumbling skull rules are especially relevant in cases involving multiple causes of injury and loss. Athey v. Leonati involves a series of Canadian court decisions that highlight the complexities inherent in applying the thin skull and crumbling skull rules and in using these rules to ensure that pre-injury factors are appropriately weighted in making determinations of cause.
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the eggshell skull rule are perhaps best described by the Canadian Supreme Court: The "crumbling skull" doctrine is an awkward label for a fairly simple idea. It is named after the well-known "thin skull" rule, which makes the tortfeasor liable for the plaintiff's injuries even if the injuries are unex-
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Our Court of Appeal noted the distinction between thin and crumbling skull plaintiffs in Dushynski v.Rumsey, 2003 ABCA 164, 327 A.R. 373, at para. 5:.to determine the loss requiring compensation, it is necessary to determine the plaintiff's position before the tort and after.To achieve fairness in making this determination the courts have developed some guidelines for special situations.
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The distinction between "thin skull" and "crumbling skull" was described in Athey v. Leonati, [1996] 3 S.C.R. 458 at para. 34, as follows: The "crumbling skull" doctrine is an awkward label for a fairly simple idea. It is named after the well-known "thin skull" rule, which makes the tortfeasor liable for the plaintiff's.