Eggshell Skull Doctrine: Inapplicable to Certain Chemical Exposures
Typically, the eggshell skull doctrine is a stringent rule that imposes complete liability on defendants. This liability often leaves defendants accountable for injuries caused by the aggravation of a plaintiff´s preexisting condition, which often results in more severe injuries. Yet, in New York, are some defendants escaping from the stringent application of the eggshell skull doctrine?
Reprinted with permission from: The New York Environmental Lawyer, Fall 2006, Vol. 26, No. 4, published by the New York State Bar Association, One Elk Street, Albany, NY 12207 (1-800-582-2452), www.nysba.org.