Torts Flashcards
Are parents vicariously liable for their minor childrens’ torts?
Generally, no. But they may be liable for their own negligence if they knew or should have known that the child had dangerous propensities in certain circumstances and had the ability to control them.
What types of damages are available in a personal injury suit? What types of damages are specifically NOT recoverable?
The measure of damages in a personal injury action includes all actual damages incurred, past and future pain and suffering (e.g., emotional distress), medical expenses, lost wages and any reduction in future earnings capacity, and loss of consortium. Under the “thin-skull” or “eggshell-plaintiff” rule, the defendant is liable for the full extent of the plaintiff’s injuries due to the plaintiff’s pre-existing physical or mental condition or vulnerability, even if the extent is unusual or unforeseeable.
Attorney’s fees in a personal injury suit are not recoverable.
