Punitive damages are controversial to some because many fear that a runaway jury can get carried away and impose an astronomical figure on a defendant that represents a windfall to a plaintiff. The fundamental purpose of tort law is to compensate the plaintiff for the harm he or she has suffered, not to provide plaintiffs with large punitive damage awards. On the other hand, supporters of the tort system respond that without large punitive damage awards available, wealthy corporate defendants in tort cases are nominal and punitive damwould simply figure damage to potential plaintiffs as a cost of doing business and not modify their tortious behavior.

• 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?
• Are children held to the same standard of care as adults?
• What is a reasonable person ?
• What is negligence and what are the elements of a negligence claim?