BUS 205 Lecture Notes - Lecture 23: Res Ipsa Loquitur, Contributory Negligence, Punitive Damages
Document Summary
For the defendant to be liable, the type of harm must have been reasonably foreseeable. The facts imply that the defendant"s negligence caused the accident. Applies when: the harm normally would not have occurred without negligence, the defendant had exclusive control of the thing that caused the harm; and, the plaintiff had no role in causing the harm. Plaintiff must prove that he has been injured or that he has some kind of measurable losses. Compensation for pain and suffering, physical disfigurement, humiliation, embarrassment. Colorado"s non-economic cap is ,010 unless there is "permanent physical impairment". Colorado tort reform statute limits punitive damages to a 1:1 ratio with compensatory damages. U. s. supreme court has opined that a 9:1 ratio is ok. It would be more accurate to call them "damage doctrine": If the plaintiff is even slightly negligent, he/she recovers nothing. A plaintiff may generally recover even if he/she is partially responsible.
