chapter  16
Negligence Causing Susceptibility to Later Harm
Pages 8

What is the situation when a person sustains physical injury through another’s negligence and subsequently sustains further physical injury in an accident allegedly due to his or her weakened condition caused by that negligence? In some situations the original tortfeasor may be liable for certain ulterior consequences such as where the plaintiff falls and sustains injury during convalescence. Section 460 of the American Law Institute’s Restatement of the Law of Torts, Second1 presents the following legal disposition:

If the [defendant] is liable for an injury which impairs the physical condition of another’s body, the [defendant] is also liable for harm sustained in a subsequent accident which would not have occurred had the other’s condition not been impaired, and which is a normal consequence of such impairment.