At what phase of inquiry in a negligence analysis would the court consider the thin skull rule?
A) Did the defendant breach the standard of care?
B) Did the defendant owe the plaintiff a duty of care?
C) Were the parties in a proximate relationship?
D) Were the damages too remote?

Question

Quizplus · Accepted Answer

The thin skull rule is considered during the phase of determining whether the damages were too remote. This rule posits that a defendant must take their victim as they find them, meaning if the plaintiff has a pre-existing condition that makes the harm more severe, the defendant is still liable for all the damages caused, not just what would be expected for a 'normal' person. This is relevant in assessing the remoteness of damages, as it negates the argument that the specific extent of damages was unforeseeable.

At What Phase of Inquiry in a Negligence Analysis Would