What is the thin skull doctrine and what is the crumbling skull doctrine?
Alberta, Canada
The following excerpt is from Olsen v. Campbell Jones, 2009 ABQB 371 (CanLII):
Athey also discussed the distinction between the "thin skull" and the "crumbling skull" doctrines. The thin skull rule makes a tortfeasor liable for the injuries even if they are unexpectedly severe owing to a pre‑existing condition (Athey at para. 34). The crumbling skull rule recognizes that a pre‑existing condition may be inherent in the plaintiff's "original position" (Athey at para. 35), in which case the defendant is liable only for the additional damage, not the pre‑existing damage" (Balcom v. MacDonald, 2000 BCSC 1426 at para. 112).
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