negligence- harm

Question 1

Legally cognizable harm

Answer 1

Legally cognizable harms:
o Personal Injury
-Pain and suffering damages available
o Property Damage
- No damages for pain and suffering w/o additional rules being met
Damages

Question 2

damages

Answer 2

Must prove damage – “legally cognizable harm”
- No nominal damages for negligence – require ACTUAL damages
Typically, plaintiff must prove: Injury, Harm (chemical leaks into neighborhood), Damage to Self or property

Question 3

parasitic damages & miscellaneous

Answer 3

Personal injury – can get pain and suffering damages (parasitic)
o Property damage – no pain/suffering
- Economic loss doesn’t count – missing work doesn’t count
- Have to have actual damages THEN add economic and emotional damages as parasitic damages. Not enough to sustain the claim by itself but can add later on.
- Only can get punitive damages when the negligence was “willful or wanton”

Question 4

loss of chance

Answer 4

Redefines harm
• Percentage of loss question of fact is for the jury and will relate to the scientific measures available, presented by experts
- Well received within medical malpractice
- Loss of opportunity for a better outcome

• Traditional causation: Better than 50% chance that the D caused the death
• Relaxed causation: Close to 50% chance D caused death