1. Negligence Damages Civil Procedure
Chapter 5
Negligence
Damages
Civil Procedure

2. Negligence Duty Owed Breach of that Duty Proximate Cause of
Injury or Damage

3. Negligent Careless or reckless “Being Stupid”
Foreseeability – “Reasonable Person”

4. Causation The Breach of duty caused the injury. No intervening acts.
It is reasonably foreseeable that the injury will result.

5. Damages
Injury or Harm
If no damage, then no recovery.

6. Defenses
All persons (including children & insane persons) are responsible for damages as a result of their actions.
Contributory Negligence
No recovery
Comparative Negligence - Recovery based on degree or percentage of fault. (Calif. Law)

7. Defenses
Assumption of the Risk: - When plaintiff is aware of the danger, decides to subject themselves to the risk.
Examples:

8. Vicarious Liability Crap rolls up hill.
Employers are liable for their employees actions if performed in the scope of their employment.
Parents are liable for the torts of their children.

9. Damages
Compensatory
Exemplary
Injunctions
Specific Performance

10. Stages of a Trial Jury Selection Plaintiff’s Opening Statement
Defendant’s Opening Statement
Plaintiff’s Case in Chief - Defendant cross-exam
Motion for Directed Verdict
Defendant’s Case in Chief (Plaintiff cross-exam)
Plaintiff’s Closing Arguments
Defendant’s Closing Arguments
Jury Instructions
Jury Deliberation and Verdict – Award
Motion for Judgment Notwithstanding the Verdict
Appeal
Collection on the Judgment