THIN SKULL, HEAVY LIABILITY: THE IMPACT OF THE EGGSHELL SKULL RULE IN INDIAN ACCIDENT AND MEDICAL NEGLIGENCE CASES

AUTHOR – DIVYANSHI SINGH, STUDENT AT SCHOOL OF LAW, CHRIST (DEEMED TO BE UNIVERSITY)

BEST CITATION – DIVYANSHI SINGH, THIN SKULL, HEAVY LIABILITY: THE IMPACT OF THE EGGSHELL SKULL RULE IN INDIAN ACCIDENT AND MEDICAL NEGLIGENCE CASES, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (2) OF 2026, PG. 977-975, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

The principle that liability must follow the wrongdoer irrespective of the victim’s condition is rooted in centuries of human justice. The Eggshell Skull Rule, or Thin Skull Rule, embodies this belief by ensuring that a defendant cannot reduce responsibility merely because a victim was unusually vulnerable. Built on the philosophy of fairness and corrective justice, it reinforces that once harm is caused, its entire extent ordinary or extraordinary remains attributable to the actor. This doctrine has particular relevance in societies like India, where accidents and medical negligence cases frequently involve individuals with pre-existing conditions, often leading to disproportionate consequences.

This article reviews the jurisprudence of the Eggshell Skull Rule of the Indian law of torts while placing it against comparative analyses of the United Kingdom, the United States of America, and Canada. The issue of research lies in the absence of statutory codification and uniform guidelines of India that forces courts to handle issues of causation, compensation, and proportionality by following unclear legislative guidance. The study aim is to trace the evolution of the doctrine of the rule, analyze its application of cases from India, and analyze its challenges and criticisms.

Methodologically, the paper uses a doctrinal and comparative approach, borrowing from judicial pronouncements, statutory overlaps, and secondary commentary to offer both theoretical and practical insights. The tentative view is that although Indian courts have ensured the spirit of the rule for the protection of vulnerable victims of rape, there is a need for reform to attain uniformity and fairness. Codification of law of criminal endeavour, formalized compensation mechanisms, and increased input of medical expertise would offer balance between giving justice to victims of rape and avoiding excessive burdens on defendants.

Key Words: Thin Skull Rule, Eggshell Skull Rule, Tort Law, Liability, Fairness, Compensation, Comparative Jurisprudence.