The Eggshell Plaintiff in Pennsylvania: As a Result of an Accident, I Sustained an Injury That Aggravated a Condition That I Already Had
In Pennsylvania there is long standing case law that a defendant is liable to the victim for all direct and proximate consequences of their negligence. Once a defendant has been found to be negligent, that person or entity is liable for all harms caused by the negligent act even though the consequences were unforeseen or even though the harm is increased by an unknown physical condition which could not have been discovered or anticipated prior to the wrongdoing.
Another way it can be phrased is the person who causes an accident or event to occur must accept the plaintiff or victim as he finds him. Therefore, when the person or entity causes harm to a victim that person is responsible for all resulting injury to the plaintiff even if the plaintiff or victim had a pre-existing condition that made him or her more susceptible or more easily damaged by the defendant’s wrongful conduct. The fact that some other factor, including a pre-existing condition may have been a contributing cause of the injury does not relieve a defendant of liability. If a plaintiff had a pre-existing condition that was aggravated by the defendant’s negligence, that defendant is responsible to the victim for any aggravation of cause.
If you or a loved one has been involved in a Pennsylvania car accident or sustained an injury as a result of a slip and fall accident and aggravated a pre-existing injury, please feel free to contact one of our experienced Pennsylvania personal injury and Pennsylvania car accident lawyers for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.
