Part Five.4: Negligence > Damages Flashcards Preview

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Flashcards in Part Five.4: Negligence > Damages Deck (7)
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1

What is the general rule regarding "negligence" and "damages"?

"Damages" are an essential element of negligence.

Thus --> damage will not be presumed (and nominal damages are not available)

2

What is the measure of damages for personal injury?

P is to be compensated for ALL his damages (past, present, prospective) - both:
1. economic damages (ie..medical expenses); and
2. non-economic damages (pain and suffering)

NOTE: a plaintiff suffering physical injury may also recover damages for resulting emotional distress

3

What is the measure of damages for property damage?

- Reasonable cost of repair, or, if the property is nearly destroyed, fair market value at time of accident

Note: emotional distress damages generally cannot be recovered from harm to property

4

What is the rule regarding "negligence" and "punitive damages"?

- punitive damages are generally NOT available for negligence cases.

HOWEVER --> P may recover punitive damages is D's conduct is "wanton and willful", reckless, or malicious

5

What are non-recoverable items?

1. interest from date of damage in personal injury case;
2. attorney fees

6

What is the "duty to mitigate" ?

P has a duty to take REASONABLE STEPS to mitigate damages

Example --> seek appropriate treatment

7

What is the "collateral source" rule?

Damages are not reduced just bc P received benefits from other sources (ie...health insurance).