by | Jan 19, 2011

An individual can recover for damages for bodily injury even though the person may have a preexisting condition or a susceptibility to injury. What that means is that the wrongdoer does not benefit from the fact that the individual that they carelessly caused an injury to happened to be very old, frail, or had preexisting conditions or diseases (such as arthritis) which make them particularly susceptible to injury. The recognized concept in the law is that the wrongdoer “takes his plaintiff as he finds him”. The law requires us to act reasonably and our responsibility cannot be diminished because the individual that you happen to cause an injury to is somebody that suffers a greater injury than you would have hoped because of their preexisting condition or particular susceptibility.

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