Title 23, Title 23 — Damages

As a general rule, compensation is the relief or remedy provided by the law of this state for the violation of private rights, and the means of securing their observance; and specific and preventive relief may be given in no other cases than those specified herein. R.L. 1910, § 2…

of children under age of eighteen. A. The state or any county, city, town, municipal corporation or school district, or any person, corporation or organization, shall be entitled to recover damages in a court of competent jurisdiction from a parent or parents of any child under t…

nonprevailing party of costs and fees. In any action for damages for personal injury except injury resulting in death, or in any action for damages to personal rights the court shall, subsequent to adjudication on the merits and upon motion of the prevailing party, determine whet…

As used in this act: 1. "Affiliated person" means a person under common ownership or control of an intended recipient; 2. "Intended recipient" means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in…

Exceptions. A. No person shall, in connection with the assertion of a United States patent, send or cause any person to send any written or electronic communication that states that the intended recipient or any affiliated person is infringing or has infringed a patent and bears …

A. The Attorney General shall have the authority to enforce this act and conduct civil investigations and bring civil actions for violations of this act. B. In an action brought by the Attorney General under this act, the court may award or impose any relief available under Secti…

A court may award the following relief to a plaintiff who prevails in an action brought pursuant to this act: 1. Damages; 2. Costs and fees, including reasonable attorney fees; and 3. Punitive damages in an amount equal to Fifty Thousand Dollars ($50,000.00), or three (3) times t…

question of fact. The defense of contributory negligence or of assumption of risk shall, in all cases whatsoever, be a question of fact, and shall at all times be left to the jury, unless a jury is waived by the parties. Added by Laws 1973, c. 30, § 2.

In all actions hereafter brought, whether arising before or after the effective date of this act, for negligence resulting in personal injuries or wrongful death, or injury to property, contributory negligence shall not bar a recovery, unless any negligence of the person so injur…

negligence. Where such contributory negligence is shown on the part of the person injured, damaged or killed, the amount of the recovery shall be diminished in proportion to such person's contributory negligence. Added by Laws 1979, c. 38, § 2, operative July 1, 1979.

A. In any civil action based on fault and not arising out of contract, the liability for damages caused by two or more persons shall be several only and a joint tortfeasor shall be liable only for the amount of damages allocated to that tortfeasor. B. This section shall not apply…

Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a gross…

For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this chapter, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of …

The detriment caused by the breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation, with interest thereon. R.L. 1910, § 2853.

The detriment caused by the breach of a covenant of seizing, of right to convey, of warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be: 1. The price paid to the grantor, or, if the breach is partial only, such proportion of the price as the…

The detriment caused by the breach of a covenant against encumbrances in a grant of an estate in real property, is deemed to be the amount which has been actually expended by the covenantee in extinguishment of either the principal or interest thereof; not exceeding in the former…

The detriment caused by the breach of an agreement to convey an estate in real property, is deemed to be the price paid and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, t…

The detriment caused by the breach of an agreement to purchase an estate in real property, is deemed to be the excess, if any, of the amount which would have been due to the seller under the contract, over the value of the property to him. R.L. 1910, § 2859.

Any person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages. R.L. 1910, § 2845.

The detriment caused by the breach of a carrier's obligation to accept freight, messages, or passengers, is deemed to be the difference between the amount which he had a right to charge for the carriage, and the amount it would be necessary to pay for the same service when it oug…

The detriment caused by the breach of a carrier's obligation to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have bee…

The detriment caused by a carrier's delay in the delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of a depreciation in its intrins…

The detriment caused by the breach of a warranty of an agent's authority, is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to …

Detriment is a loss or harm suffered in person or property. R.L. 1910, § 2846.

The damages for the breach of a promise of marriage rest in the sound discretion of the jury. R.L. 1910, § 2871.

Damages may be awarded in a judicial proceeding for detriment resulting after the commencement thereof, or certain to result in the future. R.L. 1910, § 2847.

Any person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prev…

For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this chapter, is the amount which will compensate for all detriment proximately caused thereby, whether it could have been anticipated or not. R.L. 1910…

In all jury trials the jury shall return a general verdict, and no law in force nor any law hereafter enacted shall require the court to direct the jury to make findings of particular questions of fact, but the court, in its discretion, may direct such special findings. Added by …

for bodily injury claims — Limitations — Required findings — Exceptions. A. As used in this section: 1. “Bodily injury” means actual physical injury to the body of a person and sickness or disease resulting therefrom; 2. “Economic damages” means any type of pecuniary harm includi…

The detriment caused by the wrongful occupation of real property, in cases not embraced in Sections 2874, 2880, 2881 and 2882, is deemed to be the value of the use of the property for the time of such occupation, not exceeding six (6) years next preceding the commencement of the …

For willfully holding over real property by a person who entered upon the same as guardian or trustee for an infant, or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately e…

The detriment caused by the wrongful conversion of personal property is presumed to be: 1. The value of the property at the time of the conversion with the interest from that time; or, 2. Where the action has been prosecuted with reasonable diligence, the highest market value of …

The presumption declared by the last section cannot be repelled in favor of one whose possession was wrongful from the beginning, by his subsequent application of the property to the benefit of the owner, without his consent. R.L. 1910, § 2876.

One having a mere lien on personal property, cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensation allowed by the second preceding section for los…

The damages for seduction rest in the sound discretion of the jury. R.L. 1910, § 2878.

For wrongful injuries to animals, being subjects of property, committed willfully or by gross negligence, in disregard of humanity, exemplary damages may be given. R.L. 1910, § 2879.

facilities. A. Any person who has been damaged by reason of any violation of Section 3 of this act, may bring an action in the district court against the person causing the damage or persons conspiring to cause the damage to recover an amount equal to all actual damages. B. Nothi…

For the failure of a tenant to give up the premises held by him, when he has given notice of his intention to do so, the measure of damages is double the rent which he ought otherwise to pay. R.L. 1910, § 2880.

In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud or malice, interest may be given in the discretion of the jury. R.L. 1910, § 2849.

For willfully holding over real property, by a tenant after the end of his term, and after notice to quit has been duly given, and demand of possession made, the measure of damages is double the yearly value of the property, for the time of withholding, in addition to compensatio…

For forcibly ejecting or excluding a person from the possession of real property, the measure of damages is three times such a sum as would compensate for the detriment caused to him by the act complained of. R.L. 1910, § 2882.

A. For wrongful injuries to timber upon the land of another, or removal thereof, the measure of damages is not less than three (3) times nor more than ten (10) times such a sum as would compensate for the actual detriment, unless: 1. The trespass was casual and involuntary; 2. Co…

Accepting payment of the whole principal, as such, waives all claim to interest. R.L. 1910, § 2850.

A. In an action for the breach of an obligation not arising from contract, the jury, in addition to actual damages, may, subject to the provisions and limitations in subsections B, C and D of this section, award punitive damages for the sake of example and by way of punishing the…

A. As used in this section: 1. “Future damages” means damages that are incurred after the date of judgment for: a. medical, health care, or custodial care services, b. physical pain and mental anguish, disfigurement, or physical impairment, c. loss of consortium, companionship, o…

In estimating damages, except as provided by the two following sections, the value of property to a buyer or owner thereof, deprived of its possession, is deemed to be the price at which he might have bought an equivalent thing, in the market nearest to the place where the proper…

Where certain property has a peculiar value to a person recovering damages for deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer.…

For the purpose of estimating damages the value of an instrument in writing is presumed to be equal to that of the property to which it entitles its owner. R.L. 1910, § 2887.

The damages prescribed by this article are exclusive of exemplary damages and interest, except where those are expressly mentioned. R.L. 1910, § 2888.