damages

(redirected from Obvious Damage)
Also found in: Dictionary, Thesaurus, Medical, Legal, Encyclopedia.

Damages

Money a jury gives to a party in a lawsuit to compensate for some injury. Damages may be divided into actual damages, which compensate for a real loss (such as the cost of repairing a car), and punitive damages, which penalize the other party. For example, a jury may require a defendant to pay $30,000 in actual damages to pay for the plaintiff's medical bills, and a further $100,000 to show how displeased the jury is with the defendant's actions.

damages

money awarded by a court to a plaintiff who has suffered loss at the hands of the defendant as a result of breach of CONTRACT or a TORT committed by the defendant.

damages

Compensation for an injury for which the law provides a remedy. Following are highlights of some of the law of damages as it relates to real property:

• The measure of damages to property is the difference in the value of the thing before the injury and after the injury. The cost to make repairs is usually not a valid measure of damages.

• Parties may not contractually agree to a penalty for default, such as late completion of a construction project. Penalties are illegal. Parties may, however, agree that the damages for default will be difficult to measure exactly, so they will agree to liquidated damages in a certain agreed-upon amount. This is the reasoning behind contracts that allow retention of the earnest money if the buyer defaults.

• In breach of contract cases, injured parties are required to take such actions as are reasonable to minimize their damages and will be denied any damages at all if they do not take such mitigation steps. If a tenant breaches a lease, the landlord must try to release the premises to another, and the value of any damages will be diminished by the value of the new lease.

• Consequential damages, which are damages not as a direct result of the wrong, but flowing from some of the consequences of the wrong, are recoverable only if the wrongdoer had some reason to know of the consequences. A person who allows something unsafe to remain on the premises (such as a wet floor) may be responsible for the injury to a guest who slips and falls. However, the person may not be liable for the consequential damages when the guest becomes addicted to pain medication.

• Punitive damages are intended to punish the wrongdoer and deter future similar conduct. Because of the preponderance of multimillion-dollar punitive damage jury verdicts in recent years, the United States Supreme Court has recently held that excessive punitive damages are a violation of the “cruel and unusual punishment” clause of the Constitution, and so may be reviewed in the federal court system and set aside even though the original lawsuit was brought in a state court system.

• Treble damages are allowed under many federal statutes rather than allowing the jury to calculate punitive damages.

• Damages received for personal bodily injury are not income and not taxable; other types of damages may be taxable depending on what they represent.

• Damages are recoverable for emotional distress. The addition of a claim for emotional dis- tress is often enough to trigger an insurance company defense of a lawsuit. Although there may not be insurance coverage for an award, it will pay for the lawyers.

References in periodicals archive ?
The patient switched to Barriers he changed weekly unless obvious damage occurred.
But if there's obvious damage, we rip it oft and start over," Roche says.
Step 10 states, "Check gauges for obvious damage and a current calibration date.
The paramedics were trying to stabilise her condition because of the obvious damage to her feet and her legs below the knees.
Specimen #1B had obvious damage to the naked eye, whereas the other three specimens visually appeared to have decreasing amounts of damage when compared to one another.
Figure 6 shows micrographs taken while biaxially straining coated rubber substrates under desiccating conditions The left side of the figure shows the appearance of B2100, a comparatively brittle formulation which shows obvious damage even at very small strain levels.
Since you have to repair the wall anyway, don't hesitate to cut the drywall back beyond the obvious damage to find all the mold and let the wall dry out.
5 kilometers underground, the specimens are remarkably free from serious or obvious damage.
The officer also should include a description of the vehicle and any obvious damage (external and internal).
abortions since 1973 are simply the most obvious damage.
A toothless grin shows obvious damage from periodontal infections, but long before teeth fall out, gum infections may wreak damage throughout the body.
Days, weeks and even months after a natural disaster the most obvious damage is what you see," says Tori Kaplan, director of corporate citizenship for CSX.