What is Mitigation of Damages?

The reasonable person standard is an objective standard.

The Collateral Source Rule prohibits and insurance company from seeking compensation from a tortfeasor for amounts paid by the insurance company on behalf of the injured party.

State the elements of a prima facie case of negligence.

Fred is driving 60 miles per hour in a 50 mile per hour zone when he loses control and hits John, who is also driving 60 miles per hour. Is Fred guilty of negligence per se? Why or why not?

Suzanne is a paralegal at a major law firm. She is asked to help at a court appearance and must drive to the court. On the way, she decides to stop at a fireworks shop. It is almost the Fourth of July, and her children would love it if she got them some fireworks. She takes the freeway exit and follows the signs until she gets deeper and deeper into a rural area. When she gets to the fireworks stand, she starts picking up the merchandise. She picks up one sack of fireworks. She drops the bag onto another customer’s foot, causing injury to the customer because of the weight of the sack. If the customer sues the employer under the theory of respondeat superior, will the customer recover from the law firm?

A landowner has a duty to avoid intentional injury to adult trespassers, licensees and invitees.

The duty people normally owe each other is a duty of reasonable care to avoid injuring one another.

The Eggshell Plaintiff Theory protects a tortfeasor from liability if the plaintiff is particularly sensitive or susceptible to injury.

Compensatory damages include: