The eggshell skull rule

The wrongdoer has to take his victim as he finds him. Imagine a victim who has a pre-malignant type of cancer. The nanotechnologist and his nano-product cause an unintended internal lesion which causes a fatal cancer to spread, and the widow sues. The original lesion was avoidable and caused through negligence, but the fatal consequences were not foreseeable or foreseen. The test is not whether the nanotechnologist could have foreseen the death, but whether the wrongdoer could have foreseen the type of injury which did occur, for example the lesion. However, if the nanoproduct's function was to inflict a controlled lesion, then the same unfortunate result would not give rise to liability.

Was this article helpful?

0 0

Post a comment