Legal Definitions - special-sensitivity rule

The special-sensitivity rule, also known as the eggshell-skull rule, is a principle in tort law that holds a defendant responsible for a plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional act.

For example, if someone negligently bumps into another person who happens to be a hemophiliac, the negligent person is liable for the full extent of the hemophiliac's injuries, even though the harm to another person would have been minor. This is because the hemophiliac's condition was unforeseeable and uncommon, and the negligent person must take the plaintiff as they find them.

Another example could be if someone negligently causes a car accident and one of the passengers happens to have a pre-existing medical condition that is aggravated by the accident. The negligent person would be responsible for the full extent of the passenger's injuries, even if the injuries would have been less severe for someone without the pre-existing condition.

The special-sensitivity rule ensures that defendants are held accountable for the harm they cause, even if the harm is greater than what would be expected for an average person. It also encourages defendants to take extra care when interacting with others, as they cannot predict who may have a special sensitivity or pre-existing condition.