Comments on: When a Personal Injury Exacerbates a Pre-Existing Medical Condition; The “Egg Shell Skull” Theory.

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Wed, 02 Mar 2011 19:10:37 +0000

In reply to Young. I would say that it is reasonably foreseeable that restaurant patrons could have diabetes. Therefore dishes with sugar should be clearly identified. However, I have never dealt with such a case. This is almost analogous to a pharmaceutical company needing to warn about side effects. Maybe warning should be put on restaurant dishes concerning sugar, peanuts, etc. Norm

By: Young

Young — Wed, 02 Mar 2011 18:29:49 +0000

What if a diabetic ate at a restaurant. He ate a certain dish that normally had a certain amount of carbs but at this restaurant they added extra sugar and the diabetic suffered damage from the unknown change in the recipe. The diabetes is a pre-existing condition, so would you have a case?

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Mon, 28 Feb 2011 05:06:14 +0000

In reply to Tob. When an existing condition is exacerbated or made worse, the person responsible is liable for the exacerbation. If an existing condition makes an injury worse than it would have been had the condition not existed at all, the person responsible is liable for the entire injury. Norm

By: Tob

Tob — Sun, 27 Feb 2011 22:59:38 +0000

How do people win when the conditon already existed.