The Eggshell Plaintiff Rule in California: What Injury Victims Need to Know

When someone is injured in an accident, the extent of their injuries can vary based on their personal health and medical history. In California, the Eggshell Plaintiff Rule protects victims who may be more susceptible to serious harm due to pre-existing conditions or unique vulnerabilities.

What Is the Eggshell Plaintiff Rule?

The Eggshell Plaintiff Rule (also called the Eggshell Skull Doctrine) is a legal principle stating that a defendant is fully responsible for all damages caused by their negligence (fault), even if the victim is more fragile or prone to injury than the average person.

In other words, you take the victim as you find them—meaning a defendant cannot escape liability just because the injured person had a pre-existing condition that made their injuries worse.

For example, if a driver runs a red light and hits a pedestrian who has a pre-existing spinal condition, causing them severe injuries, the driver cannot argue that a healthier person would have been less injured. They are responsible for all the resulting harm.

How the Eggshell Plaintiff Rule Applies in California Personal Injury Cases

This rule is especially important in car accidents, slip-and-falls, and medical malpractice cases, where an injury victim may already have underlying health conditions. Key points to remember:

• Pre-existing conditions do not reduce liability – Defendants must compensate for all harm caused, even if the injuries are more severe than expected.
• Comparative fault still applies – If the victim’s actions contributed to the accident, their recovery may be reduced under California’s comparative fault system.
• Insurance companies often fight eggshell claims – Insurers may try to argue that an injury was not caused by the accident but rather by the pre-existing condition.

Why You Need a Lawyer

Proving an Eggshell Plaintiff case often requires strong medical evidence and expert testimony to show how the accident aggravated a pre-existing condition. Insurance companies frequently challenge these claims, making it essential to have an experienced personal injury attorney on your side.

If you or a loved one has suffered an injury—especially if you have a pre-existing condition—call us at (949) 771-4188 today for a free consultation. We’ll help you fight for the compensation you deserve under California law.