Resulting from defective products compensatory

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resulting from defective products Compensatory damages are designed to compensate injured parties for loss. There are two types of compensatory damages: (1) Special Damages – compensation to the plaintiff for monetary losses (2) General Damages – compensation for nonmonetary losses (ex. pain and suffering) There are also punitive damages which are meant to punish the defendant for their actions as opposed to compensation for plaintiff’s losses. These are reserved for situations where the defendant’s conduct was malicious, oppressive, and reckless. Situations often arise where the actions of multiple parties combine to cause loss. Each party deemed responsible will be assigned a percentage of fault; if one of these parties cannot pay, then the other parties who are at fault pay their share and the additional amount. Under the doctrine of joint and several liability , each defendant can be held responsible for the entire amount of damage. Four Conditions Must be Satisfied to Prove Negligence i) legal duty owed to the plaintiff by the defendant ii) breach of duty by the defendant
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iii) the defendant’s breach of duty is the proximate cause of the plaintiff’s injury iv) the plaintiff suffers provable injury or damage In many business liability cases, the courts often apply a specific economic standard for negligence in which the defendant is held to have exercised inadequate care if the business has failed to take cost-justified precautions to prevent harm. Defenses to Negligence 1) Prove that the plaintiff assumed the risk of injury (assumption of risk), or 2) Prove that the plaintiff also was negligent (contributory negligence)
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  • Winter '13
  • Fah

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