§ 13-13 Damages - Pre-existing Condition

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 13-13 Damages - Pre-Existing Condition

The fact that a person is more susceptible to injury or death because of a pre-existing condition or weakness does not serve to excuse an otherwise negligent defendant who has caused the injury, or allowed the injury or death to happen when there is a duty to act to prevent it. A negligent defendant takes his plaintiff as he finds him, whether the plaintiff be in perfect health or in poor health, or somewhere in between.

An injured person is entitled to recover all damages caused by the defendant's negligence. When plaintiff's pre-existing physical or mental condition is aggravated or activated by a subsequent act, the defendant is liable to the extent that his wrongful act proximately...