Flashcards in Part Five.4: Negligence > Damages Deck (7)
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)
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
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
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
What are non-recoverable items?
1. interest from date of damage in personal injury case;
2. attorney fees
What is the "duty to mitigate" ?
P has a duty to take REASONABLE STEPS to mitigate damages
Example --> seek appropriate treatment