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duty of care

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  • 16-01-2014 9:31pm
    #1
    cashie88
    Registered Users Posts: 47 ✭


    This really is hypothetical but,

    say I was being childish and throwing stuff at my neighbours who were getting very annoyed but not harmed. On one particular occasion, I throw it at a guy that gets injured and has to be brought to hospital. This guy goes to sue me because I did him harm but on the other hand he has a disease that involves brittle bones. Am I still responsible in the eyes of the law?

    This is similar to an exam question I am revising at the moment. It was plain straight forward till I saw the brittle bone part. it threw me. Anyone know what the approach is?

    thanks guys.
    Tagged:


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    #2
    McCrack
    Registered Users Posts: 2,970 ✭✭✭McCrack


    It's the classic egg shell skull rule...the defendant takes the plaintiff as he finds him.


  • Options
    #3
    cashie88
    Registered Users Posts: 47 ✭cashie88


    McCrack.... u d man ;) cheers


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    #4
    drkpower
    Registered Users Posts: 5,475 ✭✭✭drkpower


    Also remember (because many forget) that you are only responsible for the extent to which you worsened his condition. For instance, if his brittle bone condition already casued him pain & immobility, you are not responsible for all of his current and future pain & immobility. Of course, dividing out what aspect of his injuries were caused by his pre-existing condition, and what was caused by your negligence can be difficult.


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