Does a tortfeasor have to compensate a plaintiff who suffered a fractured skull as a result of a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Danroth v Dufresne, 2021 BCSC 864 (CanLII):
Tortfeasors must take their victims as they find them, even if the plaintiff’s injuries are more severe than they would be for a normal person (the thin skull rule). However, the defendant need not compensate the plaintiff for any debilitating effects of a pre-existing condition which the plaintiff would have experienced anyway (the crumbling skull rule): Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 at paras. 32-35.
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