Marsha was permanently disabled by a drunk driver in an automobile accident.Her lawyer missed the limitation date for filing her claim,causing further economic and psychological suffering to Marsha.What is the role of the thin skull rule in these circumstances?
A) Damages cannot be reduced because of a pre-existing vulnerability.
B) It holds inherent weakness to be negative to a full damage award.
C) The lawyer can escape full liability due to a pre-existing injury.
D) It holds defendants are not required to foresee the full extent of loss.

Question

Quizplus · Accepted Answer

The thin skull rule dictates that a defendant must take their victim as they find them, meaning if a victim has a pre-existing vulnerability (like a "thin skull"), the defendant is still fully liable for all damages caused, even if those damages are more severe because of the vulnerability. In Marsha's case, this rule would mean that the drunk driver (and potentially the lawyer for missing the filing deadline) cannot reduce the damages owed to Marsha because of her vulnerability to economic and psychological suffering.

Marsha Was Permanently Disabled by a Drunk Driver in an Automobile