Can a defendant be held liable for any injuries caused or contributed to by his or her negligence?
Alberta, Canada
The following excerpt is from Barriffe v. Janiten, 2003 ABQB 1042 (CanLII):
Athey v. Leonati, 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458 dealt with an injury suffered by a person with a history of back problems. The court concluded that a defendant is liable for any injuries caused or contributed to by his or her negligence. The extent of that liability is not reduced because of the presence of other nontortious contributing causes. Where loss is created by tortious and non-tortious causes, it cannot be apportioned according to the degree of causation.
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