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Section 13-21-102 - Exemplary damages (1) (a) In all civil actions in which damages are assessed by a jury for a wrong done to the person or to personal or real property, and the injury complained of is attended by circumstances of fraud, malice, or willful and wanton conduct, the jury, in addition to the actual ...
While the Eggshell Skull Rule applies to physical damages, it is not applicable for pain and suffering. Of course, the Eggshell Skull Rule does not exclude being eligible for an amount of compensation for noneconomic damages.
The ?shabby millionaire? rule, also known as the ?true value? rule, is a principle of recovery in personal injury law. When a defendant injures or kills a plaintiff, they are liable in civil court for damages resulting from the plaintiff's loss of income?no matter how much that income was.
The Eggshell Skull Rule states that a defendant in a personal injury case will be responsible for the damage caused as-is, even if the victim had a pre-existing condition that made him or her predisposed to serious injury.
Colorado prohibits a defendant or its insurer from reducing a plaintiff's damages due to a preexisting condition if the injury caused that condition to get worse. This is commonly called the ?eggshell? plaintiff rule or the ?thin skull? doctrine.
The instruction tells jurors that if they're ?firmly convinced? of the defendant's guilt, the crime has been proven beyond a reasonable doubt, but if they think there's a ?real possibility? the defendant isn't guilty, the prosecution didn't prove the crime beyond a reasonable doubt.
The eggshell skull rule, also known as the thin skull rule, is a common law doctrine that makes a defendant liable for the plaintiff's unforeseeable and uncommon reactions to the defendant's negligent or intentional tort.
Even if the reason is legally unjustified, a landlord cannot charge the tenant for the total remaining rent under the lease. If you're able to re-rent the unit to a replacement tenant quickly, the tenant would only be liable for the period the unit was vacant. This is known as the landlord's duty to ?mitigate damages.?