Punitive damages

This memo argues that the outcome of the McDonald case is unfair. I will argue that the compensatory damages are fair but the punitive damages are not because Mrs. Leibeck was 20% at fault. Stella Leibeck was a 79 year old woman who scolded that McDonald`s fast food company because she got badly burned with a hot coffee that she bought at a local restaurant. This case became quite popular and was in all news. Mrs. Leibek should have never left her coffee cup open. In my opinion, all customers…

Baker, 2016). When it comes to lawsuits involving negligence, the plaintiff must follow rules which are sometimes called elements. Four essential elements must be proved with negligent cases: standard of care, breach of duty, causation, and injury (damages). All four elements must exist for a plaintiff to recover (be award money) in a negligence case. The first element is standard of care, “The standard of care is the duty or responsibility owed by a defendant (this could be a person or an…

holding the hot cup of coffee between her legs so that she could remove the lid to add her cream and sugar. The most noteworthy aspect of the case was her award of punitive damages to the tune of $2.7 million. It has been deemed “excessive” by many, but punitive damages serve a different function than compensatory damages. Punitive damages are meant to deter the defendant from letting the same situation happen again. The award was based on the fact that McDonald’s had received almost 700…

are able to seek damages from the other party in a car accident. Even if you were partially at fault, you are entitled to recover the percent of the damages that was not your fault. If you were 40 percent at fault for a $100,000 accident, you would be able to recover 60 percent, or $60,000, of the total amount. The “No-Fault” Laws in Florida According to “no-fault” vehicle laws in Florida, anyone who owns or drives a vehicle must have personal injury protection and property damage insurance.…

Understanding Bad Faith Claims Against Insurance Companies Insurance bad faith, also in other words called insurance fraud, this term describes the practice of treating badly with consumers by insurance firms. It generally employs to situations where an insurance firm denies paying out compensation consistent according to terms of its insurance agreement with the consumer they claim to provide insurance for. By bad luck, insurance bad faith happens under normal conditions. Quite a few…

Defamation on social media will not only destroy the victim’s future but also destroy the wrongdoer’s future because the Punitive damages are meant to punish the wrongdoer. In “How to Calculate” (n.d.) said that to punish the wrongdoer for terrible conduct and to stop same conduct in future dealings, punitive damages are introduced. Then, a few states that allow punitive damages need additional elements such as common law malice or constitutional actual malice as a proof (Hermes, 2012). Thus,…

in charge to inform employees of their EEOC Rights. Disability Discrimination falls under over a thousand categories but it can also include harassment because of disability. Victims can be granted awards in a court of lawfor compensatory and punitive damages in addition they may possibly be placed in the job that they were denied because of the discrimination. Disability Discrimination in the Work Place In 1990 a law was created for employees…

Qu Yaoxian assignment 3 Reaction to Bill Moyers Interview with Ruth Macklin Ruth Macklin, professor of bioethics at Albert Einstein College of Medicine in New York, addressed a number of ethical controversies in her interview with Bill Moyer. One of the phenomenons that Bill Moyer brought up is that nowadays, many women face criminal prosecution because of their addiction to drugs and drinking during their pregnancy. Consequently, the phenomenon led to the question of whether a woman has…

Under the strict liability law, there is a requirement, the seller must be engaged in the business of selling the product that harmed the plaintiff, Or he may be entitled to punitive damages. Punitive damages are damages awarded when the courts feels the the plaintiff, the person bringing the lawsuit, is not properly compensated under the tort. There are organizations for use auto car dealers such as, NIADA, in their Code of Ethics, not to sell…

exercise ordinary care to protect motorist from a natural gas wellhead, which resulted in death of a nineteen year old boy who backed into the unprotected gas well that exploded and burned to death. The Court held, after weighing the factors punitive damages are appropriate to achieve the dual goals of punishment and deterrence in this case. 5. When McDonalds sold extremely hot coffee to its customers, they sold a product that was defective that can cause severe injuries to a consumer who buys…