22 THE QUEENS COURIER • AUGUST 24, 2017 FOR BREAKING NEWS VISIT WWW.QNS.COM
THE EGGSHELL PLAINTIFF
Q: One morning, in the kitchen of my apartment, I tripped and fell on a bump in
the floor. Already, I suffered from diabetes, kidney failure, poor circulation, and lack of
feeling in a large portion of my extremities. Now, after a nightmare of stays in the hospital
and rehab, I am in a wheelchair for the rest of my life.
A: Someone in your pre-accident situation is called by the law an ‘eggshell’
plaintiff. If the landlord was negligent in permitting the bump to exist, then he is subject to
liability for your injuries even though your physical condition made the injuries greater
than ordinary. This is so even though the landlord had no reason to know of your precarious
condition. A defendant cannot escape the consequences of its negligence merely because
its negligence would not have caused so much injury to a healthier person.
On the other hand, the eggshell theory does not give you carte blanche. Suppose
that you had neglected to take insulin shots and other medication, or were dizzy in the
aftermath of a dialysis session, and perhaps had no business walking. Then, the issue is
causation rather than the extent of injuries: the defendant will contend that you, too, were
at fault, and will seek to apportion liability.
Moreover, the eggshell theory does not immunize you from a defense of failure
to mitigate damages. In the various post-accident doctors and procedures, the defendant
will look for evidence that you did not always follow instructions. However, to the extent
that you did not, then your attorney can still hope to have an avenue to victory – such as by
proving that the instruction, actually, was not a good one.
FOUR ONES the
NEW
Your COMPLETE
Transportation Service
718-441-1111 BASE LIC #B00008
DRIVERS WANTED
Call 718.544.1111
Must have Class E License & TLC
permit. Over 24 years of age.
RW Times
AIRPORT��������P������������������DDINGS
SWIPE GO! and
$2.00
OFF ANY RIDE WITH
THIS COUPON
CANNOT BE COMBINED EXPIRES ����������������
Our cars are now
equipped with credit card
machines for your convenience, so
keep your credit/debit card handy!
Tired of the Rest?
NOW YOU CAN
AFFORD THE BEST!