What is the liability of a defendant in a motor vehicle accident case?
British Columbia, Canada
The following excerpt is from Barnes v. Lima, 2014 BCSC 1282 (CanLII):
Once factual causation is found, liability may still be limited in the assessment of damages. I note the well-established principle of tort law that the defendant need not place the plaintiff in a better position than his original position and should not compensate the plaintiff for damage he would have suffered in any event, otherwise known as the crumbling skull rule: Blackwater v. Plint, 2005 SCC 58 at paras. 78 - 81.
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