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Aaron and his son are hit by a negligent driver while crossing the street. Aaron suffers only a concussion as a result. He is taken to the hospital via ambulance and placed under medical supervision for three days, during which he cannot work. Aaron’s 17 year old son is killed. What types of damages are available in this instance?

What is Mitigation of Damages?

General damages include pain and suffering, emotional distress, loss of consortium and out-of pocket expenses.

What is an attractive nuisance?

Fred is driving 60 miles per hour in a 50 mile per hour zone when he loses control and hits John, who is also driving 60 miles per hour. Is Fred guilty of negligence per se? Why or why not?

Lost wages are and example of special damages.

What is the Learned Hand Formula for evaluating whether a person has acted reasonably?

What is the Restatement (Second) of Torts’ Risk-Utility Test?

In a contributory negligence jurisdiction if a defendant could have avoided the harm at the last minute but did not, then the defendant will be found liable to the plaintiff even though the plaintiff contributed to his own injury.

Jack and Jill are hunting pheasants on a hill. At the same time Miss Muffet is having a picnic in small clearing on the hill. A pheasant flies up and Jack and Jill both fire their shotguns. Miss Muffet is hit by pellets and blinded in one eye. It is impossible to determine whether the pellet that blinded Miss Muffet was fired by Jack or Jill. Assume that the hill is in a state with pure Joint and Several Liability. What are Miss Muffet’s options for recourse? What rights do Jack and Jill have with respect to each other?