Torts

Question 1

How can you recover damages for mental distress?

Answer 1

the plaintiff must establish that he: (i) was within the “zone of danger” (i.e., the plaintiff’s distress was caused by a threat of physical impact); and (ii) suffered physical symptoms from the distress (i.e., the defendant’s conduct caused distress to the plaintiff that manifested in the form of physical symptoms).

Note: Although generally, mental distress may not be recoverable on its own absent special circumstances, a plaintiff may “tack on” mental suffering damages when an underlying tort action gives rise to physical impact for which the defendant is liable.

Question 2

Can a third party recover economic damages without accompanying physical harm?

Answer 2

Normally, pure economic loss (a loss that is not accompanied by physical harm to that person) may not be recovered by a third party as a matter of public policy.

Question 3

Is a defendant liable for unforeseen and unintended consequences of an intentional tort?

Answer 3

Yes, intentionally wrongful actions, such as battery, render a defendant liable for all consequences of those acts, even if unintended and unforeseen.