Question

Which of the following statements is not an example of the eggshell skull rule as per the law of torts?

• A. A boy kicked another resulting in him entirely losing the use of his leg.
• B. Nervous shock cases are also consistent with this principle.
• C. A man had a heart attack and died after being bruised in the chest.
• D. 'A' underwent an appendectomy and it was later discovered that a needle had been left inside her abdomen.

Hint:

If the injury becomes severe because of the victim's condition, think of the eggshell skull rule. If the injury results from a doctor's mistake, think of medical negligence.

Answer 1

The Correct Option is D

Step 1: Know the rule.
The eggshell skull rule in tort law says the defendant must take the victim as he finds him. If a weak victim suffers worse harm, the defendant is still fully liable. The question asks which is NOT an example of this rule.

Step 2: Understand the basis.
A wrongdoer cannot escape liability just because the victim was unusually fragile. The harm is magnified by the victim's own pre-existing condition.

Step 3: Check the kick example.
A boy kicked another who then lost the use of his leg. The severe result comes from the victim's fragile condition, so this fits the rule.

Step 4: Check nervous shock and the heart attack.
Nervous shock cases and a man dying of a heart attack after a chest bruise both show harm enlarged by the victim's vulnerable condition. These fit the rule too.

Step 5: Check the needle example.
A needle left inside a patient after an appendectomy is harm caused directly by the doctor's negligence, not by any special weakness of the victim. So this is medical negligence, not the eggshell skull rule.

Step 6: Final answer.
The needle case is not an example of the eggshell skull rule.
\[ \boxed{\text{'A' underwent an appendectomy and it was later discovered that a needle had been left inside her abdomen.}} \]