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Negligence - Coggle Diagram

- - - - Recovery for Family: (i) spouses can recover for one another's loss, (ii) parent's can recover for the loss of their child, and (iii) children can also recover for the loss of their parents
      - Death vs. Survival Actions - (i) Death Actions: the recoverable damages include the loss of support (income) as a result of the decedent’s death, as well as the loss of companionship, society, and affection experienced by the surviving family members, but not pain and suffering. (ii) Survival Actions: Survival statutes typically enable the personal representative of a decedent’s estate to pursue any claims the decedent herself would have had at the time of the decedent’s death.
- - - - Direct Causes: tortious acts are the direct cause of the
        plaintiff’s harm without the intervention of independent contributing acts
      - Indirect Causes: A superseding
        cause is any intervening event that breaks the chain of proximate causation between the defendant’s tortious act and the plaintiff’s harm. Whether an intervening cause will be superseding depends upon its foreseeability.
      - Foreseeable Causes: negligent intervening acts are usually regarded as foreseeable and do not prevent the original defendant from being held liable to the plaintiff
        
        Unforeseeable Causes: Examples of unforeseeable superseding causes include extraordinary acts of nature (“act of God”), criminal acts, and intentional torts of third parties.