Types of Damages and Liability Defenses

Special Damages

Compensate for actual economic losses that can be precisely calculated.

Lost Earnings

Compensation for wages, salary, or income lost due to injury.

Medical Expenses

Covers past, present, and future treatment costs.

Other Expenses

Any out-of-pocket expenses directly caused by the injury.

Economic Damages

Tangible losses with a clear monetary value.

Hospital Bills

Costs of hospital stays, surgeries, and medical services.

Doctor Bills

Fees for physicians, specialists, therapists, and nurses.

Lost Wages

Includes both past lost earnings and future expected income.

General Damages

Compensate for intangible, non-economic losses that are harder to quantify.

Pain and Suffering

Physical discomfort and distress due to injury.

Emotional Distress

Psychological suffering (anxiety, PTSD, trauma).

Non-Economic Damages

Specifically address psychological and emotional harm.

Physical Pain and Suffering

The actual pain endured.

Mental Anguish

Distress, including depression, anxiety, and grief.

Emotional Distress (Medical Malpractice)

Psychological harm from negligent treatment.

Punitive Damages

Awarded to punish egregious misconduct and deter future bad behavior.

Elements of Punitive Damages

1. Defendant's conduct must be reprehensible (fraud, malice, oppression). 2. A compensatory damage claim must exist first.

Nominal Damages

Awarded when a legal right was violated, but no actual harm occurred.

Purpose of Nominal Damages

Recognizes the plaintiff's rights and prevents prescriptive rights.

Amount of Nominal Damages

Often symbolic (e.g., $1).

Collateral Source Rule

Prevents the defendant from reducing damages because the plaintiff received compensation from outside sources (e.g., insurance, employer benefits).

Exceptions to Collateral Source Rule

Payments directly from the defendant or a joint tortfeasor can reduce damages.

Contributory Negligence (Traditional Rule)

If the plaintiff is even 1% at fault, they are completely barred from recovery.

Jurisdictions for Contributory Negligence

Only a few jurisdictions still follow this rule.

Comparative Negligence (Modern Rule)

Pure Comparative Negligence: Plaintiff's recovery is reduced by their % of fault.

Modified Comparative Negligence

Plaintiff can recover only if their fault is ≤ 50% or 51%, depending on the jurisdiction.

Assumption of Risk

A complete defense if the plaintiff knowingly and voluntarily accepted a risk.

Elements of Assumption of Risk

1. Actual knowledge of the risk. 2. Appreciation of its magnitude.

Voluntary acceptance of the risk

The acknowledgment and acceptance of a risk by a plaintiff, which can be express (written waiver) or implied (actions showing acceptance).

Express waiver

A written document that indicates a party's acceptance of risk, such as a sports waiver.

Implied waiver

Acceptance of risk demonstrated through a plaintiff's actions.

Intentional torts

A category of torts where the defendant intentionally causes harm, for which voluntary acceptance of risk is not a defense except in consent cases.

Exculpatory clauses

Legal provisions that may limit liability, which can be unenforceable in certain situations.

Unenforceable waivers

Waivers that cannot be enforced if the defendant acted intentionally, recklessly, or with gross negligence.

Inequality in bargaining power

A situation where one party has significantly more power than the other, such as in employer-employee relationships.

Public policy prohibitions

Legal restrictions that prevent certain waivers from being enforceable, applicable in cases like common carriers and hospitals.

Wrongful Death

A legal claim filed by the deceased's heirs for losses they suffered due to the death, including loss of companionship and funeral expenses.

Survival Action

A legal claim filed by the deceased's estate for losses suffered before death, covering pain and suffering, medical expenses, and lost wages.

Strict Liability

A legal doctrine where a party is held liable for damages without proof of negligence or intent, applicable in high-risk activities.

Elements of Strict Liability

1. The activity must involve a high risk of harm, 2. It must be unusual or inappropriate for its location, 3. Harm must result from the activity's inherent danger.

Defenses to Strict Liability

Legal defenses that include plaintiff's assumption of risk, comparative negligence, and the plaintiff being abnormally sensitive.

Livestock liability

Owners are strictly liable for damages caused by their trespassing animals.

Domestic Pets liability

Owners are liable for damages caused by their pets only if they knew of the pet's dangerous tendencies.

Wild Animals liability

Owners are strictly liable for all injuries caused by wild animals.

Defenses to Animal Strict Liability

Defenses include assumption of risk, comparative negligence, and escape caused by a third party or an Act of God (only for livestock).

Vicarious Liability

A legal principle where one party is held liable for another's tort due to a special relationship.

Employee vs. Independent Contractor

Employees can create liability for their employers, while independent contractors usually do not.

Scope of Employment

Refers to whether an act occurred during work-related duties, impacting liability.

Joint Venture Liability

All members of a joint venture are liable if there is an agreement, common purpose, shared financial interest, and equal right to control the enterprise.