Damages & Liability Flashcards
What are the main types of damages?
Damages can be classified as Property, Bodily, Special, General, and Punitive.
What are General damages?
General damages are payments for pain and suffering, and mental anguish, based on feelings and are subjective.
What are Punitive damages?
Punitive damages are extra payments made as punishment for outrageous behavior.
How can you remember the difference between Special and General damages?
$pecial damages can be counted and added up, while General damages are based on what a Judge or Jury feels is right.
What do Property damages refer to?
Property damages refer to physical damage to tangible property like a car, house, street sign, or building.
What do Bodily damages encompass?
Bodily damages encompass physical trauma to a person, including emotional and mental anguish from the injury.
What are Special damages?
Special damages refer to specific out-of-pocket costs for medical bills, lost wages, etc., which are easy to assess.
What does liability mean?
Liability basically means ‘you’re responsible for this.’
What are the three types of liability?
The three types of liability are Absolute, Strict, and Vicarious.
What is Absolute Liability?
Absolute Liability means you’re absolutely at fault; what you did was so reckless and dangerous that we don’t even have to prove it.
Common Examples: Swimming Pools and Owning Animals.
What is an example of Absolute Liability?
An example of Absolute Liability is having a swimming pool, as it poses a risk of drowning.
Yes, you dug a hole in the ground and filled it with water which people can drown in.
What is Strict Liability?
Strict Liability is strictly about products, such as exploding cell phones or faulty tires.
What is Vicarious Liability?
Vicarious Liability is based on the principle that the ‘master is responsible for the acts of the servant.’
Today, it means parents are responsible for the actions of their kids and employers are responsible for their employees.
