What is the test for determining whether a defendant is liable for a plaintiff's injuries?
British Columbia, Canada
The following excerpt is from Taylor v Peters, 2021 BCSC 2444 (CanLII):
The defendant is only liable for the injuries caused by the accident: Athey at para. 24. The defendant need not put the plaintiff in a better position than she was in prior to the accident: Athey at para. 35. Consistent with this principle, if "there is a measurable risk that the pre-existing condition would have detrimentally affected the plaintiff in the future, regardless of the defendant's negligence, then that risk can be taken into account in reducing [the damage award]": Athey at para. 35; see also Moore v. Kyba, 2012 BCCA 361 at para. 43.
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