Shawna Lastiwka has two weeks left in the probationary period of her bakery job. Then, she would be entitled to full benefits and a raise in pay. One day, however, the Lefebvres' dog ran out at Shawna while she was biking; she lost her balance and fell, badly injuring her knee. As a result of her injury, Shawna wouldn't work for six weeks, and had to undergo intensive physiotherapy. She was not paid during her absence, and she had no health plan to cover her physio bills — though she was lucky enough to keep her job. To cap things off, Shawna developed a compulsive fear of dogs and became plagued by nightmares. Every day, courts have to decide who is responsible in cases like Shawna's and once liability has been determined, the amount of compensation has to be figured out. Are the Lefebvres responsible for Shawna's problems? Was Shawna in any way partly responsible? Should she receive compensation? If so, how much? In this section, you will think about questions like these. When you have finished, you should be able to

• identify different types of damages

• explain some popular defenses to the accusation of negligence

• describe a few special types of liability

Lesson 1: Damages

Think about the Shawna Lastiwka situation. If Shawna takes the Lefebvres to court, she will sue for damages  the legal term for money that a defendant is required to pay a plaintiff if the court finds that defendant liable for a wrong the plaintiff has suffered. Assume that the court does decide in Shawna's favour: It's the court's decision that Shawna was indeed injured, that her injuries were caused by the Lefebvre's dog, and that the Lefebvres had a responsibility to keep the dog under control to prevent incidents like this one. Now, if the Lefebvres are found to have been negligent and solely responsible for Shawna's fall, how can they repay her? Since time can't be reversed and there's no magic wand to make Shawna's injuries disappear, all they can do is give her money. The question is how much money will compensate the plaintiff for their negligence?

Check your knowledge by completing Something to Think About 9 on the next page.