What is the test for determining whether a plaintiff has a future risk of injury?
British Columbia, Canada
The following excerpt is from Chavez-Salinas v Tower, 2017 BCSC 2068 (CanLII):
The future risk of harm need not be proven on a balance of probabilities but must be given weight according to the probability of its occurrence: Corrado v. Mah, 2006 BCSC 1191 at para. 54 [Corrado]. Here, the plaintiff's pre-existing degenerative disc disease, although substantially asymptomatic, was inherent in her original position. Further, the degenerative changes to the plaintiff's spine are progressive and, given her medical history there is a measurable risk that regardless of the defendant’s negligence, those conditions would have detrimentally affected her in the future particularly in light of the fact she was having some pain before the accident.
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