Jamari negligently hit Samantha on the head with a stick.A reasonable person would expect the normal victim to suffer a simple bruise in that situation.A simple bruise would require compensation of $200.Samantha, however, actually suffered brain damage because she had an unusually fragile skull.Her losses have been valued at $5 million.Which of the following statements is TRUE?

Question

Quizplus · Accepted Answer

The principle of "take your victim as you find them," often referred to as the "eggshell skull rule," means that a defendant is liable for the full extent of an injury caused, even if the severity of the injury was unforeseeable due to the victim's pre-existing vulnerability. In this case, Jamari is liable for the full $5 million in damages to Samantha, despite the unforeseeable severity of her injury.

Jamari Negligently Hit Samantha on the Head with a Stick