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What are the Tort Defenses?
Comparative Fault
Product Misuse
Assumption of Risk
Comparative Fault
More than 1 person causes the harm, we ask the jury for a portion fault between all responsible parties
Product Misuse
The misuse of a product
Assumption of Risk
You can’t sue people when you already agreed to risk
What are the tort damages?
Special Damages
General Damages
Punitive Damages
Special Damages
Losses that are objectively measured; set fixed numbers that are easy to understand
Examples of special damages
Repair Estimate
Property Damages
Medical Bills
Lost Wages
General Damages
Damages for pain and suffering; entirely subjective
Punitive Damages
Damages designed to punish bad conduct. Only available if the conduct is reckless or intentiona
BMW vs Gore
Punitive damages have to be reasonably related to actual loses