John T. Wolohan Discusses How Damages Are Awarded by Courts

"Sports Law" contributor John T. Wolohan offers an opinion about how damages are awarded by the courts.

A quarter of a million dollars for leaving an injured athlete unattended? A third of a million for leaving a pole unpadded? It's no wonder, as you look at Sallinen and Gill (right), that laypeople are confused about how damages are awarded by the courts. Generally, when someone is injured, the courts will award compensatory damages to cover actual injuries or economic loss for such things as medical expenses, pain and suffering, lost wages and the repair or replacement of property. In addition to general damages, the courts can also award punitive damages (sometimes called exemplary damages) to punish someone for especially outrageous conduct - such as allowing students to play basketball around poles that they know to be dangerous - or to encourage people within an industry to change a current dangerous practice.

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