A Brief Note On Damages And Its Effects On Society

2. The school should be held liable for Holbrook injury of there was no school supervision provided in the area Holbrook and other students were gathering.

Compensatory damages, I learned in class, are the out of pocket loss for injury, such as lack of work, medical bills, etc. This is a very set number in civil cases. Stern claimed the plaintiffs’ real property and personal property losses totaled $11 million. Stern also claimed $50,000 of damages for each plaintiff’s psychic impairment, totaling $64 million for 625 plaintiffs. Stern included psychic impairment as the most important element of their compensatory damage claim. Punitive damages, I learned in class, are a punishment for the defendant for pain and suffering inflicted. It is harder to put a set number to punitive damages. To receive punitive damages, Stern had to prove Pittston’s conduct was more than merely careless or negligent—that it was willful, wanton, or reckless—to punish Pittston and deter them from ever again harming the plaintiffs or others. A West Virginia Ad Hoc Commission of inquiry into the Buffalo Creek Flood found Pittston’s conduct to have been reckless. Therefore, Stern was able to use their findings as a reason to include punitive

Establishing negligence requires the plaintiff to prove the three elements of negligence before a court. The elements are that, the defendant owed the plaintiff a duty of care, the duty of care was breached, and that the harms suffered were directly related to the defendant’s breach. For a successful claims the plaintiff must satisfy all three by the balance of probabilities, which has been the case since Donohue v Stevenson. Simon must therefore prove that there was a duty of care owed to him by the defendant, his teacher, Mr Philpot. Therefore, he must prove that the harm suffered would have been reasonably foreseeable due to the actions or omission of the defendant. In this case, Mr Philpot owes Simon a duty of care, as it is reasonably foreseeable that a failure to provide sufficient supervision could result in injury when considering the nature of the environment they are in and the age of the students. Therefore, the first element is satisfied.

The aim of damages resulting from negligence is to provide the plaintiff with a lump sum of money that will put the plaintiff in the position that the plaintiff would have been in had

(i) The π is also able to recover damages incurred in a reasonable attempt at mitigation.

party. The goal of tort law is to shift / distribute losses from victims to perpetrators.

Here, the facts explicitly indicate that "all the necessary forms ... had been signed by the students." TEACHER wil argue that PLAINTIFF agreed to, and participated in, those actions which PLAINTIFF claims to have caused injury or damage, since such participation and consent were given knowingly and voluntarily. Hence, the plaintiff’s claims are invalid.

The purpose of tort law is to provide compensation to victims when they have experienced harm or loss. Making the person “whole” and

malpractice and negligence. The Darling's (Plaintiff) felt that the hospital, nursing staff and emergency room doctor all played an important part in the Plaintiff losing his leg due to neglect.

Causation needs to be established. With causation the defendant (university) needs to have caused harm because of their lack of action. Was the plaintiff just careless in their action causing the slip and fall? Did the university not cleaning the parking lot cause the fall of the student? For the claimant to recover damages this is where they would need to prove that the university was at least partially at fault in causing them harm (Owen, 2007). The school not cleaning the parking lot shows that their actions was the majority at fault of injury.

“The fourth and final element of medical malpractice lawsuits is called damages” (). The expressed damages that result from the injury provide a way for the legal system to redress (). Therefore, “since monetary damages are easy to calculate and administer, courts hearing medical malpractice cases will determine money damages to compensate the injured patient” (). Reeves suffered with recovery from the burns and had to receive medical treatment to care for burn sites. The surgery was unsuccessful, so Reeves has to recover from liver transplant

It was unethical for school officials to report that they did not know how the student sustained injuries. It seems that a thorough investigation was not done to decipher what happened in the student’s classroom. It is against the law for any teacher to inflict any form of injuries to students. School officials are held accountable for each student who is placed into their care. Therefore, it was an irresponsible action against the school system.

Punitive damages are reserved for situations where the defendant’s actions were reprehensible, and deserve a punishment beyond the repaying costs incurred by the plaintiff. Each state has its own definition of what punitive damages are, but they generally require gross negligence or intentional misconduct. This can include acting with deceit, recklessness,

The amount of damages awarded might also vary, and damages fall into a few basic categories. Special damages include the measurable financial costs of the injury—things like medical bills or loss of earnings. General damages address the other effects of an injury, such as pain and suffering or loss of companionship. In some cases, punitive damages may be assessed if the behavior of the defendant is judged to have been egregiously negligent.

The mental anguish that he has had to go through and the pain and suffering that he has had to endure are also grounds for compensatory damages. Chapter 12 also covers punitive damages. These damages are fines that the court may impose on the company or individual in an effort them for the neglect. The company will undoubtedly be sued for negligence.