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Torts • Negligence
TORT#052
Legal Definition
Damages generally consist of either injury to one's person or one's property. Purely economic damages are not available unless they are paired with an injury to person or property. Punitive damages are available when the defendant's actions were wanton and willful, reckless, or malicious. Damages are *not* presumed, and nominal damages are not available.
Plain English Explanation
In negligence cases, the main types of damages available involve either harm to a person (like physical injuries) or damage to property (such as a broken car or damaged belongings). If there’s no injury to a person or property, you cannot claim damages for purely economic losses—like lost profits or business opportunities—unless those economic damages come along with a physical injury or property damage.
Punitive damages can also be awarded, but they are rare in negligence cases. They’re only available when the defendant’s actions are particularly bad—meaning they were wanton and willful, reckless, or done with malicious intent. Punitive damages are meant to punish the defendant for egregious behavior and to deter others from acting the same way. For example, if a defendant was speeding in a school zone and hit a child, their reckless disregard for safety might warrant punitive damages on top of compensatory damages for the injury.
However, it's important to note that in negligence cases, damages aren’t automatically assumed. Plaintiffs need to prove actual harm. Nominal damages, which are small sums given to recognize a violation of rights without significant injury, are not available in negligence actions. This means that if no real harm is proven, the plaintiff will not win a token amount of damages as they might in some other types of legal cases.
Punitive damages can also be awarded, but they are rare in negligence cases. They’re only available when the defendant’s actions are particularly bad—meaning they were wanton and willful, reckless, or done with malicious intent. Punitive damages are meant to punish the defendant for egregious behavior and to deter others from acting the same way. For example, if a defendant was speeding in a school zone and hit a child, their reckless disregard for safety might warrant punitive damages on top of compensatory damages for the injury.
However, it's important to note that in negligence cases, damages aren’t automatically assumed. Plaintiffs need to prove actual harm. Nominal damages, which are small sums given to recognize a violation of rights without significant injury, are not available in negligence actions. This means that if no real harm is proven, the plaintiff will not win a token amount of damages as they might in some other types of legal cases.
Related Concepts
In assessing negligence per se, when is breach excused?
In assessing negligence, what duty of care is owed by bailees?
In assessing negligence, what duty of care is owed by children?
In assessing negligence, what duty of care is owed by common carriers and innkeepers?
In assessing negligence, what duty of care is owed by landowners to discovered or anticipated trespassers?
In assessing negligence, what duty of care is owed by landowners to invitees?
In assessing negligence, what duty of care is owed by landowners to lessees?
In assessing negligence, what duty of care is owed by landowners to licensees?
In assessing negligence, what duty of care is owed by landowners to those off premises?
In assessing negligence, what duty of care is owed by landowners to undiscovered trespassers?
In assessing negligence, what duty of care is owed by professionals?
In assessing negligence, what duty of care is owed during emergencies?
In assessing negligence, what is actual causation and what three methods may be used to determine it?
In assessing negligence, what is a proximate cause?
In assessing negligence, what is negligence per se?
In assessing negligence, what is the but for test?
In assessing negligence, when does breach occur?
In assessing negligence, when do you determine whether a cause was a substantial factor in causing the injury?
In assessing negligence, when do you determine whether there are alternative causes to the injury, and what is the result?
In assessing negligence, when is a duty of care owed?
In assessing negligence, when is there a duty to act?
In assessing negligence, who owes a duty and what is the general standard of care owed?
In assessing proximate causation, what is the relationship between foreseeability, direct causation, and indirect causation?
What is an attractive nuisance, and how is a claim established?
What is negligence?
When is a lessor liable for dangerous defects on their property?
