§23-3. Right to damages – Definition of damages.
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.
§23-4. Detriment defined.
Detriment is a loss or harm suffered in person or property. R.L. 1910, § 2846.
§23-5. Future detriment.
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.
§23-6. Interest upon damages.
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 prevented by law, or by the […]
§23-7. Jury may allow interest.
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.
§23-8. Waiver of interest.
Accepting payment of the whole principal, as such, waives all claim to interest. R.L. 1910, § 2850.
§23-9.1. Punitive damages awards by jury.
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 defendant based upon the […]
§23-9.3. Definitions – Payment of damages.
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, or society, or d.loss of earnings; 2. “Future loss of earnings” means the following losses […]
§23-10. Recovery of damages by political subdivisions from parents 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 the age of eighteen (18) years when the child is living with the parent or […]
§23-12. Defense of contributory negligence or assumption of risk as 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.