One of the oldest maxims in American civil litigation — a concept usually introduced on literally the first day of an aspiring law student’s first year tort class — is that a defendant takes a plaintiff as he or she finds them.
This has otherwise come to be known as the “eggshell plaintiff rule,” where it doesn’t matter if an injured plaintiff was predisposed to a certain kind of harm, if you injure a fragile, or “eggshell” plaintiff, you are responsible for the harm done.
In a sense, this concept comes to mind when reading a story of a recently-filed lawsuit by a paralyzed veteran of the War in Afghanistan that filed suit against American Airlines and Air Serv Corporation for allegedly tipping over his wheelchair while boarding a flight at O’Hare Airport.
The article sets out some rather graphic details of what allegedly unfolded from there, but ends with a rather poignant sentiment that is shared by many injury victims, where the Plaintiff stated:
“Apparently some people out there, they just don’t get it. So, I want to make sure this never happens to someone else,” he said. “I just want people out there to know that … people with disabilities, we’re not invisible. We’re people, too.”
This more or less sums up what most, if not all, injury victims feel, and encapsulates quite nicely why such long-standing concepts as the “eggshell plaintiff rule” exist and continue to be viable — simply because someone may be disabled or predisposed to a certain condition or type of injury, this does not mean that this can, or should, be held against them. They are entitled to the same rights and protections as everyone else — and rightly so.
You can contact us here 24/7/365 (and we really mean that as we will answer our phone) if you have anyquestions and to learn how we may be able to help you in the unfortunate event of an accident that caused you or your family or friends injuries – in particular, you will find that we listen, take your phone calls and e-mails (and even text messages!). We would be honored to help you with your matters – large or small.