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Flashcards in Page 25 Deck (35):
1

Examples of things that could be considered damages for negligence?

Past or future medical expenses, lost wages, lost earning capacity, pain and suffering, etc.

2

Must every case of negligence have a showing of actual damages?

Yes, actual damages must be shown to person or property with the purpose being compensatory and not punitive

3

What does compensatory damages mean?

Restores the plaintiff as much as possible to his condition before being injured

4

Can You recover purely economic loss under damages for negligence?

No, unless it comes from a personal injury or property damage

5

If a factory burned down because the defendant's negligence, is the defendant liable for the owner's economic loss?

Yes, but only because there was actual property damage

6

If a factory burns down because of the defendant's negligence, would he be liable for the loss of income that the workers suffered?

No, because they didn't suffer an actual injury or property damage, and you cannot recover purely economic loss without one of those two things in negligence

7

Can nominal damages be recovered in negligence?

Generally no, but sometimes you can recover for the little injuries like watering eyes

8

Are punitive damages recoverable in negligence?

Usually only if the defendant had a bad state of mind, Like willful, wanton, reckless, or malicious

9

Tort damages are meant to be what kind?

Compensatory

10

Can punitive damages be given for reckless conduct in negligence?

Yes, for something like drunk driving

11

General damages?

Those that are inherent to the injury itself, like pain and suffering, disfigurement, disability, etc.

12

What is pain and suffering?

Defendant is liable for any pains or suffering experienced before death, even if plaintiff only lives a short time. Plaintiff must be sufficiently conscious to experience the pain and suffering

13

If a baby drowned, could he get recover pain and suffering damages?

Yes, one case awarded $30,000 for the suffering of a baby that drown

14

What are the four major categories of general damages?

Pain & Suffering, pre-impact/post-impact, unexpected damages, destruction of personal property

15

Can loss of enjoyment of life be a part of pain and suffering damages?

Yes, so long as the plaintiff is conscious of the loss

16

What Are pre-impact and post-impact damages?

Damages given for the fear caused by apprehension of impending death

17

What is an example of pre-impact damage?

One case awarded $15,000 for the six seconds of fear before a fatal crash

18

Unexpected damages?

Since you take the victim as you find him, you're fully liable for all injuries, even if they come from the plaintiff's abnormal sensitivities or an aggravation of a pre-existing condition

19

What is destruction of personal property as a general damage?

Market value is usually given, but if there isn't one then the cost of replacement or reproduction is given. If that is impossible, then the value is given to the owner

20

Is it Possible to recover unusual sentimental value under destruction of personal property for general damages for negligence?

Usually no, like you can't recover for the unusual sentimental value of losing something like a photo album

21

What are special damages?

P Can recover all economic losses and expenses as a result of the injury

22

Examples of special damages?

Medical bills, lost wages, business profits, cost of hiring help, etc.

23

Special damages includes what?

Expenses already incurred and those plaintiff thinks will likely be incurred in the future

24

How are Lost wages computed?

- traditional/majority: measures the loss by Gross earnings before income tax deductions
- Federal rule: wage loss is calculated after taxes unless the difference between the two is trivial

25

How are future economic losses calculated?

Looks at the period of time the defendant's disability is expected to last, and includes inflation

26

How is inflation computed into future economic losses?

- majority: Juries include the probable inflation rates, and then discount the award to its present value (amount it would be worth it if it was now invested at a reasonable rate)
- minority: thinks the discount factor and the inflation rate are about the same, so you don't have to use either since they will balance each other out

27

What is comparative fault?

If some fault for your injury was your own, you can collect minus the amount that you were responsible for

28

What Is joint and several liability?

When two or more defendants act in concert or independently to injure a plaintiff, and damages can't be allocated to a particular defendant, then all are liable for the entirety of the plaintiff's injury

29

How Can the plaintiff collect damages under joint and several liability?

Can enforce a claim against more than one defendant, or choose just one, but he can't collect more than his full damages

30

What is it called when defendants in a joint and several liability situation get money from the other responsible tortfeasors?

Seeking contribution, which can happen as long as it is proven that everyone else is liable

31

Can a tortfeasor get contribution from another tortfeasor that is immune from liability, like a child?

No

32

What Is joint liability?

Two or more people act in concert to commit a tort, act independently but cause a single injury, or share responsibility because of vicarious liability

33

What does it mean to act in concert?

To commit a tort together, or aid/encourage another to commit a tort

34

If one defendant can't pay in a joint liability situation, what happens?

The plaintiff can get the whole amount from the other defendant, because each individual is fully liable for the plaintiff's damages

35

What are damages for negligence?

The cognizable injury suffered as a result of the defendant's
breach