Is a defendant liable for damage suffered due to a crumbling skull?

Alternatively, a defendant is not liable for damage suffered due to a “crumbling skull” which recognizes that the plaintiff’s current injuries were inherent in their original position (Athey para. 35). A defendant is not liable for an injury that would have happened regardless of their action. As recently stated by Russell J.: “the defendants will not be held responsible for putting the plaintiff in a better position than he would have been in had the accident not occurred.” (Mckenzie v. Lloyd, 2016 BCSC 1745 at para. 139).