Damages for Negligence

Question 1

Damages for Negligence Actions

Answer 1

In a negligence action, the plaintiff may not recover
damages unless he first proves that he suffered physical harm. Once this is established,
he may recover most categories of damages, except for punitive damages, which are
generally not available for negligence, unless the defendant’s conduct was reckless or
outrageous.

Question 2

Negligent Infliction of Emotional Distress

Answer 2

A plaintiff may recover damages for
negligent infliction of emotional distress if there was a physical impact to the plaintiff’s
person, or if the plaintiff physically manifests emotional distress caused by either the
defendant’s endangerment of the plaintiff who was within the zone of danger, or by the
defendant’s injuring of the plaintiff’s close relative while the plaintiff was present and
aware of the injury happening.