PERSONAL INJURY

TORT: Is when someone does something wrong or violates someone else’s rights, leading
to legal responsibility.

TYPES OF TORT:

NEGLIGENCE (TEXTING AND DRIVING): is when someone failure to exercise the level of care,
resulting in harm to another person is called negligence. (LEGALY RESPOSABILITY).

STRICT LIABILITY: A strict liability tort is a type of personal injury case in which you as the
defendant are held liable regardless of whether you were negligent or not. This means
that you don't have to have done anything wrong to be held liable. One of the most
common types of strict liability tort is product liability.

LAW PRINCIPLES

Duty of care (deber de diligencia) People should act responsibly and not cause harm to others.
For instance, if you are a driver, you hace duty of care to drive safely.

Breach of duty (incumplimiento del deber) Is when someone fails to fulfill their duty of care
and put others in harms’ way.

Causation: Is the link between a defendant’s breach of duty and the plaintiff’s injuries. The
plaintiff can use evidence like police reports, medical records and more to prove their injuries
were caused by the defendant’s actions.
.
Contributory Negligence (liability) means that the plaintiff is partially at fault, they might not
get any damages

Comparative Negligence (liability) divides the damages dases on each party’s degree of fault.

DAMAGES

PUNITIVE DAMAGES:
ECONOMIC; compensation for financial

NO ECONOMIC: intangible issues like pain and suffering.