What is the liability of a plaintiff who suffered crumbling skull injuries?
British Columbia, Canada
The following excerpt is from McArthur v. Hudson, 2012 BCSC 1293 (CanLII):
If the injury is proven to be of a crumbling skull nature, then the defendant is liable only to the extent that the accident caused an aggravation to the pre-existing condition (Pavlovic v. Shields, 2009 BCSC 345).
Another way of distinguishing pre-existing injuries from non-tortious causes are to consider whether any of the plaintiff’s injuries are “divisible injuries” capable of being separated out. Indivisible injuries are those that cannot be separated or have liability attributed to the constituent causes (Bradley v. Groves, 2010 BCCA 361, leave to appeal to SCC refused, [2010] S.C.C.A. No. 337 (April 14, 2011)).
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