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Understanding the Special-Sensitivity Rule in Tort Law
Definition & Meaning
The special-sensitivity rule, often referred to as the eggshell-plaintiff rule, is a legal principle in tort law. It holds that a defendant is fully liable for a plaintiff's unexpected and unusual reactions to their negligent or intentional acts. This means that if a person causes harm to another, they are responsible for the complete extent of the injuries, even if those injuries are more severe than what would typically be expected. For example, if a person negligently scratches another who has a rare medical condition that causes excessive bleeding, the person who caused the scratch is liable for all resulting damages, regardless of the common outcomes of such an act.
Table of content
Legal Use & context
The special-sensitivity rule is primarily used in civil law, particularly in personal injury cases. It applies when assessing liability and damages in tort claims. This principle ensures that defendants cannot escape liability simply because the plaintiff had a pre-existing condition or unique sensitivity. Users may find legal forms related to personal injury claims helpful in navigating these situations, and US Legal Forms offers templates drafted by attorneys to assist individuals in filing claims or responses effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A driver runs a red light and collides with a cyclist. The cyclist has a rare bone condition that causes severe fractures from minor impacts. The driver is liable for all medical expenses and damages resulting from the accident, even if a typical cyclist would have suffered only minor injuries.
Example 2: A person with a severe allergy is exposed to a substance due to a neighbor's negligence. The neighbor is responsible for the full extent of the allergic reaction, regardless of whether the average person would have had a mild reaction.
State-by-state differences
State
Legal Variation
California
Recognizes the special-sensitivity rule in personal injury cases.
New York
Applies the eggshell-plaintiff rule, ensuring full liability for unexpected injuries.
Texas
Similar application, but may consider comparative negligence in some cases.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Eggshell-plaintiff rule
Another name for the special-sensitivity rule, emphasizing the defendant's liability for unexpected injuries.
Negligence
The failure to take proper care in doing something, which can lead to liability for damages.
Comparative negligence
A legal doctrine that compares the fault of both parties in a claim, potentially reducing damages awarded.
Common misunderstandings
What to do if this term applies to you
If you believe you have been harmed due to someone else's negligent actions and have unique sensitivities, consider the following steps:
Document all injuries and medical treatments.
Consult with a legal professional to understand your rights and options.
Explore US Legal Forms for templates to file a personal injury claim or response.
If your case is complex, seek professional legal assistance to navigate the process effectively.
Find the legal form that fits your case
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