Damages
Entries across the digest that deal with damages.
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Injury & Liability
Negligence: Duty, Breach, Causation, and Damages
Negligence requires duty, breach, actual and proximate cause, and damages. Every element must be proved, and each is defined by the law of the state where the injury happened.
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Injury & Liability
Wrongful Death and Survival Actions: Who Sues for What
Wrongful death and survival actions are separate statutory claims. One compensates family members for their losses, the other continues the claim the decedent held at death.
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Injury & Liability
Damages: Economic, Non-Economic, and Statutory Caps
Injury damages divide into economic loss, non-economic loss, and in some states punitive awards. Many legislatures cap non-economic damages, and several caps have been struck down.
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Injury & Liability
Products Liability: Design, Manufacturing, and Warning Defects
Products liability recognizes manufacturing, design, and warning defects. States differ over whether design defect is judged by consumer expectations, risk-utility, or a reasonable alternative design.
