Remedies Flashcards
(3 cards)
Multiple tortious acts combine
When two or more tortious acts combine to proximately cause an indivisible injury to a plaintiff, each tortfeasor is jointly and severally liable to the plaintiff for the entire damage incurred. Joint and several liability applies even though each tortfeasor acted entirely independently. However, if the actions are independent, plaintiff’s injury is divisible, and it is possible to identify the portion of injuries cause by each defendant, then each will be liable only for the identifiable portion.
What happens when insurance pays for part of the plaintiff’s injuries?
As a general rule, damages are not reduced or mitigated by reason of benefits received by the plaintiff from other sources, such as health insurance.
Assumption of risk
In jurisdictions applying pure comparative negligence, implied assumption of the risk is usually treated as a variant of contributory negligence. If the plaintiff unreasonably assumed the risk of injury, he will be considered contributorily negligent and his damages will be reduced.
