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Torts • Tort Damages
TORT#108
Legal Definition
Tort damages must be: (1) causal, (2) foreseeable, (3) reasonably certain, and (4) unavoidable. Intentional tort damages are broader.
Mere economic loss is generally not recoverable in negligence actions, unless injury to a person or property occurred.
Punitive damages are only recoverable if the defendant's conduct was: (1) malicious, (2) willful and wanton, or (3) reckless.
Mere economic loss is generally not recoverable in negligence actions, unless injury to a person or property occurred.
Punitive damages are only recoverable if the defendant's conduct was: (1) malicious, (2) willful and wanton, or (3) reckless.
Plain English Explanation
In a tort claim, damages aren’t just about any loss you’ve suffered—they have to meet specific requirements to be valid. Let’s break them down:
(1) Causal: The damages must be directly linked to the defendant’s wrongful actions. If the harm wouldn’t have occurred without the defendant’s conduct, the damages are considered causal. For example, if someone runs a red light and hits your car, your injuries are a direct result of their negligence.
(2) Foreseeable: The harm must have been something a reasonable person could predict would happen as a result of the defendant’s actions. If the harm is too far-fetched or unexpected, it may not be recoverable. For example, if someone leaves a spill on the floor and someone slips, that injury is foreseeable.
(3) Reasonably Certain: The damages can’t be speculative. You need to be able to prove the amount of harm with reasonable certainty. So, if you’re claiming lost wages, you’ll need documentation like pay stubs or employment records.
(4) Unavoidable: The plaintiff must take reasonable steps to avoid or minimize the damages. If you could have prevented further harm but didn’t, you might not be able to recover for that additional loss. For instance, if you’re injured and don’t seek medical care, worsening your injury, that extra harm might not be recoverable.
Some important notes:
(a) For intentional torts, damages are broader, meaning more types of harm can be recovered, including emotional distress and other non-economic damages.
(b) Economic loss (like lost profits) generally isn’t recoverable in negligence claims unless there was also physical injury to a person or property. If there’s no injury, you can’t just sue for lost business or profits.
(c) Punitive damages, which are meant to punish the defendant, can only be recovered if the defendant’s behavior was particularly bad. These damages are allowed when the conduct was:
(1) Malicious (intentionally harmful),
(2) Willful and Wanton (extremely reckless disregard for others), or
(3) Reckless (a severe lack of care).
(1) Causal: The damages must be directly linked to the defendant’s wrongful actions. If the harm wouldn’t have occurred without the defendant’s conduct, the damages are considered causal. For example, if someone runs a red light and hits your car, your injuries are a direct result of their negligence.
(2) Foreseeable: The harm must have been something a reasonable person could predict would happen as a result of the defendant’s actions. If the harm is too far-fetched or unexpected, it may not be recoverable. For example, if someone leaves a spill on the floor and someone slips, that injury is foreseeable.
(3) Reasonably Certain: The damages can’t be speculative. You need to be able to prove the amount of harm with reasonable certainty. So, if you’re claiming lost wages, you’ll need documentation like pay stubs or employment records.
(4) Unavoidable: The plaintiff must take reasonable steps to avoid or minimize the damages. If you could have prevented further harm but didn’t, you might not be able to recover for that additional loss. For instance, if you’re injured and don’t seek medical care, worsening your injury, that extra harm might not be recoverable.
Some important notes:
(a) For intentional torts, damages are broader, meaning more types of harm can be recovered, including emotional distress and other non-economic damages.
(b) Economic loss (like lost profits) generally isn’t recoverable in negligence claims unless there was also physical injury to a person or property. If there’s no injury, you can’t just sue for lost business or profits.
(c) Punitive damages, which are meant to punish the defendant, can only be recovered if the defendant’s behavior was particularly bad. These damages are allowed when the conduct was:
(1) Malicious (intentionally harmful),
(2) Willful and Wanton (extremely reckless disregard for others), or
(3) Reckless (a severe lack of care).