Ohio Torts Flashcards
What is a survivorship action?
A cause of action brought by the estate of the deceased which allows the representatives of the estate of the deceased to raise any and all claims (except defamation, libel, slander, etc.) that the decedent would have been able to raise were she alive.
What damages are available in a negligence action?
Compensatory damages, personal injury, property damage, punitive damages.
May a defendant recover for economic loss only in a negligence action?
No, actual damages must be shown before economic loss is available.
What categories of damages are recoverable in personal injury?
Medical and rehailitative expenses, past and future; pain and suffering, past and future; lost income, past and future.
How is property damage measured?
Generally, the plaintiff may recover the difference between the fair market value of th eproperty immediately before the injury and immediately after the injury.
How is damage to personal property measured?
The cost of repairs to personal property may be used as an alternate measure of damages, provided the cost of repairs does not exceed the value of the property.
May a defendant introduce evidence of a plaintiff’s insurance payouts to reduce the plaintiff’s recovery?
Yes, Ohio has modified the collateral source rule. Payments made to the plaintiff by the defendant’s insurer are not considered payments from a collateral source, and such payments are credited against the defendant’s liability.
Elements of Defamation
(1) Defamatory language (2) of or concerning the plaintiff (3) published to a third party who understands its defamatory nature and (4) damages the plaintiff’s reputation.
What must a plaintiff prove in a defamatory action if the plaintiff is a public official or public figure?
Actual malice – Knowledge that the statement was false or acted with reckless disregard as to the truth or falsity of the statement
What must a plaintiff prove ina defamatory action if the plaintiff is a private figure?
Matter of public concern – that the defendant acted with fault, either negligence or actual malice
Not a matter of public concern – that the defendent acted with at least negligence.
What are the defenses to defamation?
(1) Truth, (2) Consent, (3) Absolute privileges, (4) Wualified privileges
What are the absolute privileges defenses against a defamation action?
Statements made (1) in the course of judicial proceedings, (2) in the course of legislative proceedings, (3) between husband and wife, and (4) required publications by radio, television, or newspaper.
What are the conditional privilege defenses against a defamation action?
Statements made (1) in the interest of the publisher, such as defending his reputation, (2) in the interest of the recipient of the statement or third party, or (3) affecting an important public interest.
What are the limitations on conditional privilege as a defense against defamation?
Abuse of the privilege, such as makeing statements outside the scope of the privilege, or by acting with actual malice, will lose the qualified privilege.
When is a statement defamatory per se?
When it accuses the plaintiff of (1) committing a crime, (2) conduct reflecting poorly on th eplaintiff’s trade or profession, (3) having a loathsome disease, or (4) sexual misconduct.
