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Definition
| whether plaintiff has a right to recover under the applicable law |
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| amt of money necessary to compensate plaintiff for injuries suffered at hands of defendant |
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| the term used re the wrong that one party commits against another; forms the basis for civil action |
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| Duty, Breach of Duty, Proximate Cause, Harm |
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| legally owed by defendant to a plaintiff based on “special relationship.” |
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| dereliction of duty owed either by act of omission or commission ~ standard of care |
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| injury would not have occurred but for the dereliction/breach; if multiple causes, the breach must have had substantial contribution and harm was foreseeable |
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| signif. impairment in plaintiff’s functioning from premorbid status |
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| Physical Injury/Impact Rule |
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Definition
| recovery for emotional injury recoverable ONLY if result of physical injury |
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| permitted w/o direct physical impact IF plaintiff was within “zone of danger” (perception) |
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| emotional damages permitted even if not in zone of danger IF (1) physically near scene of accident, (2) observed accident, and (3) closely related to victim. |
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Definition
| cases where stress caused was so severe/intense that it would cause serious emotional disturbance in anyone, even those without pre-existing emotional probs (e.g., domestic violence, sexual assault, witness brutal crime) |
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Term
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Definition
| cases where stress caused was so severe/intense that it would cause serious emotional disturbance in anyone, even those without pre-existing emotional probs (e.g., domestic violence, sexual assault, witness brutal crime) |
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Term
| 3 kinds - Nature of Tort Actions |
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Definition
Intentional
Reckless
Negligent |
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Term
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Definition
knowingly & purposefully done; deliberately commits act that causes harm & harm was reasonably foreseeable. Not necessary to prove intent to harm plaintiff, rather intent to behave in particular manner.
* Defenses include self-defense, defense of others, defense of property, consent, necessity, and authority of law |
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Tobacco companies
Most frequent intentional tort against mental health professionals is sexual misconduct w/ a client
Case re O.J. Simpson ~ criminal vs. civil proceedings |
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| conscious disregard of a known risk. Must prove risk was known at particular point in time & defendant ignored or failed to pay attention to that risk. |
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| ex) certain prescribed drug later found to be harmful ~ early anti-psychotics re TD |
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Term
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Definition
| harm/injury to plaintiff as result of deviation from the standard of care (via omission or commission). Relates to “foreseeability” ~ defendant should have seen connection bw action & subsequent injury. Does not rely on defendant’s intention but rather on his/her behavior. |
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Definition
Wrongful Death
Defamation Lawsuits
Employment Cases
Product Liability Cases
Third Party Failure to Protect Cases
Other Types of Complaints |
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| defendant’s actions or inactions led to someone’s death; no need to prove intent to cause death but instead intent to act (which results in death); ex. murder, manslaughter, malpractice |
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| defendant harmed plaintiff by public libel (writing) or slander (orally) that defendant knew to be untrue |
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Definition
| covers wide area of injuries not covered by WC; requires attribution of fault. Ex: wrongful discharge, discrimination, retaliation |
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| product malfunctions or otherwise harms user, abrogating the fiduciary responsibility/promise by failure to produce a safe product |
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| similar to above re failure to fulfill fiduciary duty tp protect a person or class of people |
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| meaning that it takes the plaintiff where you find him/her, even if she/he is impaired prior to the accident or injury. |
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Term
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Definition
Nominal damages
Compensatory damages
Punitive damages
Contributory Negligence |
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Term
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Definition
| “in name only”; least serious, where no real damage is done but acknowledges wrongdoing |
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Term
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Definition
compensates for loss by defendant. Might include general damages (pain & suffering, loss of consortium, loss of enjoyment) and special damages (actual damages such as loss pay & medical bills).
* Some states limit/cap general damages at specific dollar amount. |
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Term
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Definition
| (exemplary) – may be “added on” to compensatory damages essentially to punish of make example of defendant who has engaged in outrageous conduct; must demonstrate wrongful bx was intentional/willful, wanton, or reckless |
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Term
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Definition
| when plaintiff’s own bx is a proximate cause of his/her injury |
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