Chapter 16 - CHAPTER 16 DAMAGES

• Jurisdiction: Colorado

Chapter 16 DAMAGES

SYNOPSIS

§ 16.1 PECUNIARY LOSS DAMAGES

§ 16.1.1—Pecuniary Loss For Strict Liability And Negligence Claims

§ 16.1.2—Pecuniary Loss For Strict Liability Misrepresentation Claims

§ 16.1.3—Pecuniary Loss For Breach Of Warranty Claims

§ 16.1.4—Pecuniary Loss For Colorado Consumer Protection Act Claims

§ 16.2 PERSONAL INJURY CATEGORIES OF DAMAGES

§ 16.2.1—Economic

§ 16.2.2—Non-economic Damages And Caps On Non-economic Damages

§ 16.2.3—Physical Impairment And Disfigurement

§ 16.2.4—Exemplary Damages

§ 16.3 OTHER DAMAGE ISSUES

§ 16.3.1—Damages In Survival Actions

§ 16.3.2—Damages In Wrongful Death Actions

§ 16.3.3—Pre-existing Conditions, Aggravation Of Injuries, And Subsequent Injuries

§ 16.3.4—Minor Child Damages

§ 16.3.5—Loss Of Consortium Damages

§ 16.3.6—Reduction In Damages

The requirement that the plaintiff have sustained damages is an element of all of the claims addressed in this book, though it is often expressed as whether the plaintiff's damages were caused by the product defect. In almost all product liability cases, assuming the plaintiff proves causation, the issue is not whether there were any damages (as there usually are...