Is a defendant liable for additional damage caused by a motor vehicle accident?
British Columbia, Canada
The following excerpt is from Miller v Resurreccion, 2019 BCSC 1719 (CanLII):
As stated in Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 SCR 458 at para. 35, the “defendant is liable for the injuries caused, even if they are extreme, but need not compensate the plaintiff for any debilitating effects of the pre-existing condition which the plaintiff would have experienced anyway. The defendant is liable for the additional damage but not the pre-existing damage.”
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