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Question 1

What are some examples of things that could be considered damages for negligence?

Answer 1

• past or future medical expenses
• lost wages
• lost earning capacity
• pain and suffering

Question 2

Must every case of negligence have a showing of actual damages?

Answer 2

Yes, actual damages must be shown to person or property with the purpose being compensatory and not punitive

Question 3

What does compensatory damages mean?

Answer 3

Restores the plaintiff as much as possible to his condition before being injured

Question 4

Can you recover purely economic loss under damages for negligence?

Answer 4

No, unless it comes from a personal injury or property damage

Question 5

If a factory burned down because of the defendant’s negligence, is the defendant liable for the owner’s economic loss?

Answer 5

Yes, but only because there was actual property damage

Question 6

If a factory burns down because of the defendant’s negligence, would he be liable for the loss of income that the workers suffered?

Answer 6

No, because they didn’t suffer an actual injury or property damage, and you cannot recover purely economic loss without one of those two things in negligence

Question 7

Can nominal damages be recovered in negligence?

Answer 7

Generally no, but sometimes you can recover for the little injuries like watering eyes

Question 8

Are punitive damages recoverable in negligence?

Answer 8

Usually only if the defendant had a bad state of mind. Ie: willful, wanton, reckless, or malicious

Question 9

Tort damages are meant to be what kind?

Answer 9

Compensatory

Question 10

Can punitive damages be given for reckless conduct in negligence?

Answer 10

Yes, for something like drunk driving

Question 11

What are general damages?

Answer 11

Those that are inherent to the injury itself, like pain and suffering, disfigurement, disability, etc.

Question 12

What is pain and suffering?

Answer 12

Defendant is liable for any pain or suffering experienced before death, even if plaintiff only lives a short time. Plaintiff must be sufficiently conscious to experience the pain and suffering

Question 13

If a baby drowned, could he recover pain and suffering damages?

Answer 13

Yes, one case awarded $30,000 for the suffering of a baby that drown

Question 14

What are the four major categories of general damages?

Answer 14

• pain and suffering
• pre-impact/post-impact
• unexpected damages
• destruction of personal property

Question 15

Can loss of enjoyment of life be a part of pain and suffering damages?

Answer 15

Yes, so long as the plaintiff is conscious of the loss

Question 16

What are pre-impact and post-impact damages?

Answer 16

Damages given for the fear caused by apprehension of impending death

Question 17

What is an example of pre-impact damage?

Answer 17

One case awarded $15,000 for the six seconds of fear before a fatal crash

Question 18

What are unexpected damages?

Answer 18

Since you take the victim as you find him, you’re fully liable for all injuries, even if they come from the plaintiff’s abnormal sensitivities or an aggravation of a pre-existing condition

Question 19

What do you get for destruction of personal property as a general damage?

Answer 19

• MV: market value is usually given, but if there isn’t one, then….
• replacement: the cost of replacement or reproduction is given. If that is impossible, then…..
• value: the value is given to the owner

Question 20

Is it possible to recover unusual sentimental value under destruction of personal property for general damages for negligence?

Answer 20

Usually no, like you can’t recover for the unusual sentimental value of losing something like a photo album

Question 21

What are special damages?

Answer 21

P can recover all economic losses and expenses as a result of the injury

Question 22

What are examples of special damages?

Answer 22

• medical bills
• lost wages
• business profits
• cost of hiring help

Question 23

Special damages include what?

Answer 23

Expenses already incurred and those the plaintiff thinks will likely be incurred in the future

Question 24

How are lost wages computed?

Answer 24

• traditional/majority: before income tax

- federal rule: after taxes

Question 25

How are future economic losses calculated?

Answer 25

Looks at the period of time the defendant’s disability is expected to last, and includes inflation

Question 26

How is inflation computed into future economic losses?

Answer 26

• majority: include the probable inflation rates, then discount the award to its present value (amount it would be worth it if it was now invested at a reasonable rate).
• minority: thinks the discount factor and the inflation rate are about the same, so you don’t have to use either since they will balance each other out

Question 27

What is comparative fault?

Answer 27

If some fault for your injury was your own, you can collect minus the amount that you were responsible for

Question 28

What is joint and several liability?

Answer 28

When two or more defendants act in concert or independently to injure a plaintiff, and damages can’t be allocated to a particular defendant, then all are liable for the entirety of the plaintiff’s injury

Question 29

How can the plaintiff collect damages under joint and several liability?

Answer 29

Can enforce a claim against more than one defendant, or choose just one, but he can’t collect more than his full damages

Question 30

What is it called when defendants in a joint and several liability situation get money from the other responsible tortfeasors?

Answer 30

Seeking contribution, which can happen as long as it is proven that everyone else is liable

Question 31

Can a tortfeasor get contribution from another tortfeasor that is immune from liability, like a child?

Answer 31

No

Question 32

What is joint liability?

Answer 32

Two or more people act in concert to commit a tort, act independently but cause a single injury, or share responsibility because of vicarious liability

Question 33

What does it mean to act in concert?

Answer 33

To commit a tort together, or aid/encourage another to commit a tort

Question 34

If one defendant can’t pay in a joint liability situation, what happens?

Answer 34

The plaintiff can get the whole amount from the other defendant, because each individual is fully liable for the plaintiff’s damages

Question 35

What are damages for negligence?

Answer 35

The cognizable injury suffered as a result of the defendant’s breach