A bifurcated tort case is one in which there are two separate phases. The first part is the liability phase in which the jury must determine whether the defendant is liable (legally responsible), the amount of compensatory damages, and answering yes or no on the question of punitive damages. The second phase of the tort suit then asks the jury to debate on the amount of punitive damages.

• What are some examples of frivolous lawsuits?
• What was the McDonald’s hot coffee case?
• Why are punitive damage awards considered controversial?
• What types of damages are most common in tort cases?
• What is the duty to mitigate damages?
• Which states still do have contributory negligence?
• Why is comparative fault considered fairer than contributory negligence?
• Who determines the percentages of fault of the parties?
• What are the different forms of comparative negligence?
• What happens if both parties (plaintiff and defendant) are negligent?
• If you fall on a slippery floor in a store, can you sue for negligence?
• Where does the term good Samaritan come from?
• Can a Good Samaritan be held liable if he or she acts negligently even though they are trying to help?
• What if some unexpected event causes damage to a plaintiff after a defendant’s negligent act?
• Can an employer be held negligent if it retains or hires an employee who is dangerous to the public?
• Can a business be liable for injuries caused to its patrons by third parties?
• What was the case of Palsgraf v. Long Island Railroad Company concerning proximate causation?
• What are the two types of causation in tort cases?
• What is res ipsa loquitur?
• What is negligence perse?