1. Negligence:
Damages

2. Stephanie had 2 weeks left on a probationary period of her bakery job
Stephanie had 2 weeks left on a probationary period of her bakery job. Then she’d be entitled to full benefits and a raise in pay. One day, the Fischer’s dog ran out at Stephanie while she was biking; she lost her balance and fell, badly injuring her knee. As a result, she couldn’t work for 6 weeks and had to undergo physiotherapy. She wasn’t paid during her absence, and she had no health plan to cover her physical therapy bills – though she did keep her job. To cap things off, she developed a compulsive fear of dogs and because of that, was plagued by nightmares. What does she have a right to if she sues the owner’s of the dog for negligence?

3. Damages
Pretend you are Stephanie’s lawyer. Discuss with a classmate what you think Stephanie is entitled to receive for her damages.
What do you think Stephanie deserves for the various harms and losses your client has sustained and for which you think she deserves compensation.

4. Damages
The intent of civil remedies is to return plaintiffs, as much as possible, to the same position they were in before the loss or injury occurred.
How can courts compensate for personal injuries?
Cost of medical care
Cost of future care
Future loss of income

5. Damages There are 5 types of damages
Plaintiffs may be awarded one or more of them
General
Special
Punitive
Aggravated
Nominal

6. General Damages Cannot be easily or precisely calculated
Loss of income & future earnings & cost of specialized care
Pain & suffering and for loss of enjoyment of life

7. General Damages
What was the plaintiff earning at the time of the accident?
What could they earn in the future?
Plans to enter a specific profession
Age of plaintiff
What would your future earnings be?
What are your marks like right now?
Who knows about your plans and could testify to them?

8. General Damages Pain, suffering & enjoyment of life
Q: Should an athletic, socially active youth be given more money than a quiet less active one?
Money cannot restore what has been injured or lost, but it can provide substitutes for pleasures that are no longer possible

9. Special Damages
Compensate for out of pocket expenses already spent before trial
It is helpful to produce receipts
Lost wages between the accident & trial are Special Damages because they can be calculated exactly

10. Punitive Damages
Additional damages awarded to punish the defendant for bad, insensitive, or uncaring behaviour.
The intention is to deter & discourage others from committing similar actions.

11. Aggravated Damages
Used when the defendant’s behaviour is so outrageous
Ie. Plaintiff suffers serious emotional shock
Assigned to compensate plaintiff for the behaviour

12. Aggravated Damages
Example: a drug company markets a morning sickness pill that is later revealed to cause birth defects.
Investigations show that the pill was not adequately tested – Punitive Damages
Investigations show that company executives know about birth defects – Aggravated Damages

13. Nominal Damages Judge wants to indicate support for a plaintiff
Awards a small sum such as $1 or $100
Suggests a moral victory
Example: trespassing cases

14. Injunction
If a plaintiff is not asking for monetary compensation (not wanting money) but is requesting a person not do something that is harmful, such as playing loud music or dumping waste into the river, the court can order them to stop.