What is the test for a plaintiff to be held liable for injuries sustained in a motor vehicle accident?
Alberta, Canada
The following excerpt is from Meehan v. Holt, 2010 ABQB 287 (CanLII):
Johnstone J. succinctly summarized the law in Pavicic v. Pelchat, 2003 ABQB 19, 332 A.R. 213 at para. 167 as follows: The Defendants are liable for the injuries caused, even if they are more severe and dramatic than expected or would have been for the average person, due to a pre-existing condition. Simply put, the Defendants must take their victim as found, the so called "thin skull" rule. In contrast, if there is a measurable risk that the pre-existing condition would have detrimentally affected the victim in the future, regardless of the Defendants' negligence, such can be taken into account in reducing the overall award, this being referred to as the "crumbling skull" rule.
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