A plaintiff who has been seriously injured in a motor vehicle accident partly due to failure to wear his seatbelt, will be able to recover full damages for negligence because 'you take your victim as you find him".

Question

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The principle "you take your victim as you find him" (eggshell skull rule) applies to pre-existing conditions, not to contributory negligence like failing to wear a seatbelt, which can reduce the damages recoverable.

A Plaintiff Who Has Been Seriously Injured in a Motor