Is a plaintiff at high risk of developing a back injury as a result of an asymptomatic non-tortious precondition?
British Columbia, Canada
The following excerpt is from Stanikzai v. Bola, 2012 BCSC 846 (CanLII):
The defendants argue that damages must be reduced because the plaintiff was at high risk for back problems in any event. An asymptomatic non-tortious precondition, while not relevant to causation, may be taken into account in assessing contingencies. The question is whether the plaintiff would have become symptomatic at some point as a result of the pre-condition if the tort had not occurred: Larwill v. Lanham, 2003 BCCA 629 (CanLII).
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