Economic Loss Rule Damaged sustained to the product are not actionable under – product liability; only damage to property and injury to persons result in “other” product liability Akin to expectation damages Damage elements Pain and suffering Worry, anguish, and grief Medical expenses Lost earnings attributable to the accident Economic – Calculation quantify some unit of time that can be estimated then multiply out Per Diem – Look to past decisions in jury reports McDougald v. Garber Botched C-Section Lady in a vegetative state – – No pain and suffering/future enjoyment must be able to experience the loss RAE Make 2 separate inquiries, P&S must be experienced, FE maybe not –
Economic Loss Rule – Damaged sustained to the product are not actionable under product liability; only damage to “other” property and injury to persons result in product liability Akin to expectation damages Damage elements Pain and suffering Worry, anguish, and grief Medical expenses Lost earnings attributable to the accident – Economic Calculation Per Diem – quantify some unit of time that can be estimated then multiply out Look to past decisions in jury reports McDougald v. Garber – Botched C-Section – Lady in a vegetative state No pain and suffering/future enjoyment must be able to experience the loss RAE – Make 2 separate inquiries, P&S must be experienced, FE maybe not
Torts_Epstein_Fall_2011.docx