What is the liability of a tortfeasor who takes a victim as she finds her?
British Columbia, Canada
The following excerpt is from Wolford v Shlakoff, 2017 BCSC 2043 (CanLII):
A tortfeasor takes her victim as she finds her. A pre-existing vulnerability should not in itself reduce the defendant’s liability: Athey at para. 17. This is the so-called “thin skull” rule. The plaintiff’s burden is met if the Accident is found to have caused a pre-existing condition to become activated or aggravated: Barnes v. Richardson, 2008 BCSC 1349 at para. 17.
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