I think most non-lawyers agree with this and consider it common sense. But, the US legal system explicitly disagrees.[0] My understanding is that it does affect the damages though, meaning the damages scale down based on the level of pre-existing frailty.
This is an issue of the law struggling to catch up to technology yet again. I think the only novel thing here is applying eggshell to psycological frailty. But that may just be because I'm not a lawyer and not aware of cases around this that might exist (beyond the extreme bullying cases like [1]).
This is an issue of the law struggling to catch up to technology yet again. I think the only novel thing here is applying eggshell to psycological frailty. But that may just be because I'm not a lawyer and not aware of cases around this that might exist (beyond the extreme bullying cases like [1]).
0: https://en.wikipedia.org/wiki/Eggshell_skull
1: https://en.wikipedia.org/wiki/Death_of_Conrad_Roy