Under the eggshell victim rule, liability is not reduced by the victim's preexisting condition.

• A. True
• B. False
• C. Not determinable
• D. Only if known by the defendant

Answer: (A)

Under the eggshell skull rule, a defendant must take the plaintiff as they are found. This means liability covers all damages caused by the injury, including any aggravation of a preexisting condition, even if the condition made the injury worse than it would have been for a healthier person. So the defendant isn’t relieved or offset because the victim had a preexisting vulnerability.

For example, if someone with a latent spinal issue is injured by a negligent act and the injury worsens that condition, the defendant is responsible for the full extent of the damages from the injury, not just the damages that would have occurred without the preexisting problem.

That’s why the statement is true. The other options don’t fit because the rule does not allow liability to be reduced, is not contingent on what the defendant knew, and does not hinge on a determination problem.