Liability in Law

Flashcards covering key concepts from lecture notes on punitive damages and various liability laws including the statute of limitations, discovery rule, wrongful death act, sovereign immunity, workers' compensation, automobile no-fault laws, and breach of product warranty.

What are punitive damages?

Intangible damages awarded to the plaintiff when the defendant's actions show intentional heinous, antisocial behavior, or extreme indifference to harm.

What is the primary purpose of punitive damages?

To punish the defendant and to prevent similar behavior among the general public.

Why does liability insurance typically not cover punitive damages?

Punitive damages punish intentional acts, not negligence.

What are the two main types of damages that can be awarded to a plaintiff in a civil court case?

Compensatory damages and punitive damages.

What are special damages?

A type of compensatory damage that indemnifies the plaintiff for quantifiable losses.

What are general damages?

A type of compensatory damage that indemnifies the plaintiff for intangible damages.

Name some laws that can influence liability cases.

Statute of limitations, wrongful death act, workers' compensation, automobile no fault laws, breach of product warranty, and waiver of sovereign immunity.

What is the statute of limitations?

A law that restricts the right to a lawsuit after a certain amount of time, specifying the maximum period after damages occur in which legal proceedings may be initiated.

What happens when the statute of limitations expires?

The claimant loses the legal right to seek indemnity and file a lawsuit.

What is the discovery rule in relation to the statute of limitations?

It states that the statute of limitations often begins when an injury is discovered, or when it reasonably should have been discovered, rather than when the injury actually occurred.

What does the Wrongful Death Act allow?

It allows people who are associated with a deceased person to sue the responsible party when someone dies as a result of a negligent act.

What types of damages are typically involved in a wrongful death act case?

General damages such as loss of companionship, loss of income, and pain and suffering.

What is sovereign immunity?

A legal doctrine that prohibits people from filing a lawsuit against governmental entities.

What is the waiver of sovereign immunity?

A provision that allows individuals to sue governmental entities for damages in certain cases.

What do workers' compensation laws do?

They restrict the right of an employee to sue their employer for injuries sustained in the course of employment-related activities.

What do automobile no fault laws do?

They restrict a person's right to sue vehicle owners and drivers for injuries caused in a wreck.

What is a product warranty?

A guarantee that a manufacturer provides to ensure the quality of its products.

When might a product liability claim involving a breach of product warranty be treated as a tort case instead of a contract claim?

This usually happens when a manufacturer is considered strictly liable for damages caused by its product.