What Is The Primary Purpose Of Punitive Damages?

The judge dismisses the appeal with costs. He fully supports the judgment made by the magistrate McColl JA: The potential risk of harm is unforeseeable by the respondents and the appellant’s injury is due to the intense action she took not because the dog was sitting in the lounge. The appellant had not established that the risk of injury was foreseeable.

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

Plaintiff claims false arrest, false imprisonment, malicious prosecution and assault. Per the Law Department abstract, officers, including Det. Hernandez were executing a search warrant. Officers entered the apartment and brought everyone inside the apartment into the living room including plaintiff and handcuffed. Everyone including plaintiff were searched. Officers recovered marijuana from separately apprehended Jeffrey McCaskill’s person. Plaintiff was transported to the precinct 48 pct. Plaintiff states officers removed her from the holding celling, assaulted by officers, and placed in shackles. Plaintiff allegedly bended Det. Moises Martinez left hand causing injury when he tried to place in shackles. Plaintiff was re-arrest for assault.

Yes, I agree with the court that the damage awarded in this case was arbitrary and reversed the State Appellate court decision. The Court held that the punitive award of $145 million was neither reasonable nor proportionate to the wrong committed, and it was consequently ruled an irrational, arbitrary, and unconstitutional deprivation of the property of the insurer. (Ethical and Legal Environment, 2011). This is like a punishment to defendant, since the defendant was held responsible for doing illegal act outside the state’s jurisdiction.

Both Author Wes and Felon Wes come to learn similar lessons in the last chapter of the book. They both come to realize how much their environment influences them especially when the Author Wes goes to Africa he let the environment there have a huge impact on him and let it turn him to a mature adult where as Felon Wes let the many negative influences around him become his life. Lastly at the end of each of their stories both reflect on their future Felon Wes had never been able to see into his future and know what was going to happen but now that he had been sentenced to jail for life he could see exactly what his future

21. The malicious and negligent conduct of Piper Reed was reckless disregard of Plaintiff’s rights, harm to physical well-being and invasion of personal space and therefore warrants the imposition of punitive damages.

Ai – A description of four different examples of accidents and/or sudden illnesses should occur

TORTS laws offer compensation to individuals harmed by the unreasonable actions of others. TORTS claims are based on the legal premise that a person(s) is liable for the consequences of their conduct if it results in injury to others. In education-related cases, the most common TORT is negligence. Recently, several cases have occurred whereby negligence and bullying are interconnected with students suing their schools for failing to enforce anti-bullying policies and causing injury to their well being. A current case includes Maya Williams suing her former high school for negligence in regards to the enforcement of their anti-bullying policy. By looking into a precedent case, elements of negligence, and how bullying affects a student, we

If you or a loved one was bitten and suffered an injury from someone else’s dog, you may be able to receive compensation for your injuries. Here are the three things your case will need to have in order to increase your chance of winning your case in New Jersey based on current laws and statues.

The focus of this article is to discuss the various views of stigma damages and the manners in which courts will grant them to owners of property. This article analyzes the reasons for having stigma damages, which owners can ask and recover for them, whether property owners should be able to receive stigma damages when their property is contaminated or whether the different ways they can get them is through a certain measure.

Restorative justice is based on the principle that criminal behavior injures not only the victim but also the community and the offender, and any effort to resolve these problems caused by criminal behavior should involve all of these parties. Common restorative justice initiatives are victim-offender mediation, circle sentencing, community holistic healing programs, and family group conferences. A key to all these responses to criminal behavior is to address not only the offender, but all parties involved including the victim and their families, offender's family, community citizens, and even the police officers themselves.

There are many questions that most people have no answer to. What is your favorite food? What is your favorite song? What is the most memorable place you’ve traveled is a difficult question for Mr. Asato, who has been to seemingly everywhere on earth. “I have many special memories of incredible places that I hold dear to my heart.” He has a certain memory for each of his travels, but the one travel that left the biggest impact on him was his trek to the Mountainous Village in Hinterland Japan.

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.

        An injunction may also be issued. This is to prevent the negligent acts from being performed again by the defendant

“The essential purpose and most basic principle of tort law is that the plaintiff must be placed in the position he or she would have been in absent the defendant’s fault or negligence.” It is impossible to fully restore the plaintiff, as he will never be fully restored. However, compensation is the best way to put the plaintiff back into his original position. Even though most resources of the tort system are spent on dealing with claims, it is a very slow process as it is so complex because it involves many parties. It is often time consuming and expensive to file a claim, making it very cost-ineffective. The increased involvement of insurance companies has made it even more time consuming, with the introduction of their own