60
LAW 2 TORT LAW

LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

Embed Size (px)

Citation preview

Page 1: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

LAW 2

TORT LAW

Page 2: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

INTRODUCTION

TORT LAW

Page 3: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

INTRODUCTION

• Tort law is a type of civil law.

• Under TORT LAW, individuals have a duty to act reasonably at all times in order to ensure the safety of other people and their property.

• People who don’t exercise reasonable care may be LIABLE, or legally responsible.

Page 4: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

INTRODUCTION

• Those injured because of someone’s unreasonable, wrongful actions have the right to be compensated under tort law.

• Tort liability exists for three major categories of conduct: intentional wrongs, acts of negligence, and activities for which strict liability is imposed.

Page 5: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

INTENTIONAL TORTS

TORT LAW

Page 6: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

INTENTIONAL TORTS

• Actions taken to deliberately harm another person or their property are called INTENTIONAL TORTS.

• There are two general types of intentional torts: those causing injury to persons and those causing harm to property.

• In the law of torts, the required intent is to do the forbidden act, not necessarily a bad motive or desire to cause harm.

Page 7: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

INTENTIONAL TORTS

• The most common intentional torts include assault, battery, false imprisonment, fraud, infliction of emotional distress, defamation, invasion of privacy, malicious prosecution, conversion, trespass, and infringement.

• Since there is some overlap between criminal law and tort law, only torts without crime counterparts will be examined in this unit.

Page 8: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

EMOTIONAL DISTRESS

• A relatively new tort is known as intentional INFLICTION OF EMOTIONAL DISTRESS; courts have only recognized it since about 1940.

• A person commits this tort by intentionally using words or actions that are meant to scare someone or cause them extreme anxiety or emotional distress.

Page 9: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

EMOTIONAL DISTRESS

• Actual physical injury is not required for the plaintiff to recover damages.

• However, courts do require that the defendant’s conduct be quite outrageous and that the plaintiff prove extreme distress.

• Mere insults are not enough to form the basis of a lawsuit for emotional distress.

Page 10: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFAMATION

• A person’s reputation is protected by laws prohibiting defamation.

• Defamation includes acts that harms a person’s good name and can be classified as oral or written.

• Oral statements that harm reputation are called SLANDER; written or printed defamation is called LIBEL.

Page 11: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFAMATION

• DEFAMATION occurs when someone makes a false statement about another person that is communicated to a third party, causing harm to the person’s reputation.

• Therefore, the plaintiff must show that they have suffered actual damages as a result of the statement.

Page 12: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFAMATION

• Proving that an offensive statement is true is a complete defense in a defamation lawsuit.

• In the United States, freedom of speech and freedom of the press are very important.

Page 13: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFAMATION

• Therefore, courts balance a person’s right to protect their reputation against the public’s interest in receiving a wide range of information.

• For this reason, the U.S. Supreme Court has established rules making it difficult for public figures to win damage awards against the media.

Page 14: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFAMATION

• To win a defamation suit against the media, a public figure must prove not only that a statement was false and caused harm, but also that the statement was made with actual malice.

• This means that the statement was made with knowledge of its falsity or with a reckless disregard for whether the statement was true.

Page 15: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFAMATION

• These rules make it difficult for famous people to sue the media and win.

• In a sense, famous people sacrifice some protection of their reputations.

Page 16: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFAMATION

• In addition, statements made by legislators on the floor of Congress and statements made in a court of law are immune from liability, even those made with malice.

• These privileged statements protect the open debate of legislative and judicial matters and are therefore not subject to a defamation suit.

Page 17: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

INVASION OF PRIVACY

• INVASION OF PRIVACY is another tort that may cause emotional injury or economic damage.

• A person can be liable for intruding on someone’s private life and their right to be left alone.

Page 18: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

INVASION OF PRIVACY

• These intrusions may include spying, eavesdropping, electronic monitoring, reading someone’s mail or diary, and going through someone’s wallet without permission.

Page 19: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

MALICIOUS PROSECUTION

• MALICIOUS PROSECUTION is the filing of a lawsuit for purposes of harassing the defendant when there is no genuine basis for the suit.

• If the defendant in the lawsuit has evidence that the suit was filed out of harassing motives and without any legal or factual foundation, it may be the basis of a claim for damages against the person who filed the original action.

Page 20: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

MALICIOUS PROSECUTION

• However, before bringing a suit for a malicious prosecution, the original lawsuit must be decided in favor of the victim.

• If malicious prosecution is clearly proved against the party who brought the original suit, punitive damages may be awarded along with compensatory damages.

Page 21: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

MALICIOUS PROSECUTION

• In some cases, courts have held that an attorney who knowingly assists a client in filing a baseless lawsuit out of malice may also be liable for damages.

Page 22: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

CONVERSION

• CONVERSION occurs when someone unlawfully exercises control over the personal property of another person.

• The personal property may be stolen, damaged, destroyed, moved, discarded, hidden, or used in violation of the owner’s intentions.

Page 23: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

CONVERSION

• The remedy for conversion is usually in the form of damages equal to the value of the property.

• The tort of conversion in the civil system is similar to the crimes of larceny, vandalism, and receiving stolen property in the criminal system.

Page 24: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

TRESPASS

• The tort of TRESPASS occurs when a person enters another person’s property without permission.

• The property owner can recover damages from the trespasser even if there is no harm to the property because the law protects the owner’s exclusive right to the property.

Page 25: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

TRESPASS

• Intent is required to commit trespass; however, the only requirement is that the intruder intended to be on the particular property in question.

• In a technical sense, a trespass occurs every time someone cuts across a neighbor’s lawn.

Page 26: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

TRESPASS

• Obviously, landowners rarely sue people who merely walk across their property, but the option is available for circumstances of excessive abuse.

Page 27: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

INFRINGEMENT

• INFRINGEMENT is the illegal use of someone’s intellectual property, such as a copyright, patent, or trademark.

• Intellectual property law promotes progress because it provides an incentive for engaging in creative pursuits.

• Also, most people think it is fair that creators profit from their creations.

Page 28: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

INFRINGEMENT

• However, advancements are often made by building on the work of others.

• If people cannot use the work of others, it might hinder technology and progress, so intellectual property rights, especially patents, are kept somewhat limited.

Page 29: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

NEGLIGENCE

TORT LAW

Page 30: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

ELEMENTS OF NEGLIGENCE

• NEGLIGENCE is a failure to exercise ordinary care.

• Unlike intentional torts—many of which have specific names—negligence is a very broad term that deals with many kinds of wrongful conduct.

• Therefore, it is the most common occurring tort in society.

Page 31: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

ELEMENTS OF NEGLIGENCE

• An important legal difference between negligence and an intentional tort is that if someone is the victim of negligence, they are not eligible to recover punitive damages in addition to compensatory damages.

• For a plaintiff to win a negligence lawsuit against the defendant, each of the following elements must be proven by a preponderance of evidence:

Page 32: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

ELEMENTS OF NEGLIGENCE

1.DUTY: The defendant, or accused wrongdoer, owed a duty of care to the plaintiff, or injured person.

2.BREACH OF DUTY: The defendant’s conduct breached or violated the duty as defined by the reasonable person standard.

Page 33: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

ELEMENTS OF NEGLIGENCE

• The reasonable person standard signifies a hypothetical and sensible person in society who exercises average care, skill, and judgment in conduct while serving as a comparative model for determining liability.

• In court, the trier of fact, either a judge or jury, will set this standard to help determine possible liability.

Page 34: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

ELEMENTS OF NEGLIGENCE

3.CAUSATION: The defendant’s conduct directly caused the plaintiff’s harm and it was reasonably foreseeable.

4.INJURY: The plaintiff suffered actual injury or loss.

Page 35: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFENSES TO NEGLIGENCE

• A plaintiff can recover damages when they are able to prove each of the elements of negligence.

• However, even when all the elements can be proven, the defendant may still be able to raise a valid legal defense through contributory negligence, comparative negligence, or assumption of risk.

Page 36: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFENSES TO NEGLIGENCE

• CONTRIBUTORY NEGLIGENCE is a traditional legal defense in which a plaintiff cannot recover damages from the defendant if their own negligence contributed in any way to the harm suffered.

• The result must stand no matter how minor the plaintiff’s own negligence was.

Page 37: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFENSES TO NEGLIGENCE

• This is indeed a very harsh principle of law and in many instances is unfair to people who are probably entitled to recover something, but may not be deserving of 100% compensation.

• To avoid the all-or-nothing outcomes of contributory negligence, the vast majority of states, including Michigan, have switched to a system of comparative negligence.

Page 38: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFENSES TO NEGLIGENCE

• COMPARATIVE NEGLIGENCE measures the negligence of the plaintiff and the defendant and then reduces the amount of the plaintiff’s recovery by the percentage of their own negligence.

• Another legal defense in negligence cases is assumption of risk.

Page 39: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFENSES TO NEGLIGENCE

• ASSUMPTION OF RISK is used when a defendant can show that the plaintiff voluntarily encountered a known danger and decided to accept the implied risk of that danger.

• This defense has been used successfully by sports franchises when they have been sued.

Page 40: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFENSES TO NEGLIGENCE

• Benejam v. Detroit Tigers, Inc. (Wayne Circuit Court, 2001) set precedent for Michigan sport franchise assumption of risk cases.

• The ruling concluded that the Tigers had no duty to warn about bat fragment projectiles potentially entering the seats because the danger was open and obvious.

Page 41: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DEFENSES TO NEGLIGENCE

• Assumption of risk defenses can also be used when a warning is posted that gives notice of a certain danger such as signs indicating “Swim at Your Own Risk” or “Caution Slippery Floor.”

Page 42: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

STRICT LIABILITY

TORT LAW

Page 43: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

STRICT LIABILITY

• STRICT LIABILITY applies to situations where a person or company causes an injury but didn’t act negligently, and certainly didn’t intend to harm anyone.

• However, because of the type of activity they engage in, the law holds these individuals to a higher standard and will find them liable for damages resulting from their behavior.

Page 44: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

STRICT LIABILITY

• The theory behind imposing strict liability is that inherently hazardous activities pose an undue risk of harm to members of the community.

• Thus, anyone who conducts such an activity does so at their own risk, and is responsible when something goes wrong and someone is harmed.

Page 45: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

STRICT LIABILITY

• The law reasons that the people who pose such risks are in the best position to pay for injuries that result.

• Three specific groups of people face strict liability: people who engage in highly dangerous activities, owners of dangerous animals, and manufacturers and sellers of defective consumer products.

Page 46: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

STRICT LIABILITY

• For people who participate in activities like these, the reasonable person standard does not apply.

• Instead, these people are automatically held liable for any injuries or damage caused by their actions, even if they took all necessary precautions.

• Therefore, strict liability is commonly referred to as liability without fault.

Page 47: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DANGEROUS ACTIVITIES

• Strict liability applies to activities that are unreasonably dangerous.

• Activities are considered unreasonably dangerous when they involve a risk of harm that cannot be eliminated by reasonable care.

Page 48: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DANGEROUS ACTIVITIES

• These activities may be socially useful or necessary, but because they are so inherently unsafe, those who conduct them are held to the strict liability standard.

• Highly dangerous activities generally include the transportation, storage, and use of explosives, hazardous chemicals, and/or radioactive materials.

Page 49: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

DANGEROUS ACTIVITIES

• Companies conducting dangerous activities know that they are strictly liable for any harm they cause.

• Therefore, they include this cost in the price they charge for the work.

Page 50: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

ANIMALS

• The law has traditionally held owners strictly liable for any harm caused by their untamed animals.

• Even the owner of a tamed wild animal, such as lion or tiger, may be held strictly liable for any harm it causes because of the nature of the animal itself.

Page 51: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

ANIMALS

• The situation differs, however, for household pets.

• In most states, an owner of a pet is strictly liable only if they knew, or should have known, that the pet was dangerous or destructive.

• There is a saying that “Every dog is entitled to one free bite.”

Page 52: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

ANIMALS

• However, owners of certain breeds of dogs with aggressive traits, such as pit bulls and Rottweilers, are generally strictly liable for the first bite by statute or ordinance.

• There may also be liability if near misses have put the owner on notice of the dog’s viciousness.

Page 53: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

PRODUCT LIABILITY

• Harm caused by defective products is a significant social problem.

• In a typical year, more than one million consumers suffer product-related injuries and nearly half of them sue to recover damages.

Page 54: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

PRODUCT LIABILITY

• Thus, PRODUCT LIABILITY protects consumers from being injured by dangerous and defective products they buy.

• Manufacturers and sellers are frequently held strictly liable to any user or bystander of a defective product who has suffered injuries or damages.

Page 55: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

WRONGFUL DEATH

• In such a case, the injured party does not have to establish that the manufacturer was negligent, rather only that the product was defective.

• Product liability is meant to create a strong incentive for companies to design safe products, test products thoroughly before placing them on the market, and include clear directions and warnings on products.

Page 56: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

WRONGFUL DEATH

TORT LAW

Page 57: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

WRONGFUL DEATH

• When someone is killed as a result of intent, negligence, or strict liability, a WRONGFUL DEATH claim may entitle the surviving beneficiaries to monetary damages because of the defendant's unlawful conduct.

Page 58: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

WRONGFUL DEATH

• Wrongful death statutes vary from state to state, but in general they define who may sue for wrongful death and what, if any, limits may be applied to an award of damages.

• Michigan does not put a limit on the damages that may be awarded as long as they are deemed to be “fair and equitable under all the circumstances.”

Page 59: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

WRONGFUL DEATH

• Compensatory damages, which are intended to make restitution for the amount of money lost, are the most common damages awarded in wrongful death actions.

Page 60: LAW 2 TORT LAW. INTRODUCTION TORT LAW INTRODUCTION Tort law is a type of civil law. Under TORT LAW, individuals have a duty to act reasonably at all

TORT LAW

WRONGFUL DEATH

• Other damages typically consist of solace and grief experienced by the survivors, loss of earnings suffered by the dependants from the decedent’s subsequent inability to generate income, and medical and funeral expenses.

• Punitive damages may also be awarded if the defendant's actions were particularly reckless or heinous.