Comment Re:To sue someone, you have to claim actual damage (Score 1) 243
While I admit that my knowledge of the American Legal system is lacking, from what I know about other common law systems, you don't need to prove any damage whatsoever in order to successfully make out the elements of any of the trespass actions.
In fact, in Australia, it is usually enough for a plaintiff to just prove that the trespass occurred and the defendant must prove that it wasn't their fault etc for the action to succeed.
Of course when it comes to damages (note: a very different term from damage in legal terms), the amount of damage suffered will go towards the amount of damages awarded. In the case of no damage suffered, the damages may only be nominal or even contemptuous depending on the circumstances. This doesn't really matter though, because you have still won the case which is sometimes the only thing that really matters to the litigants.
This is not true in negligence actions though, where damage is an essential element of the action.
Like I said though, I can only speak for other common law jurisdictions such as the UK and Australia, so if the US case law says otherwise, I apologise.
In fact, in Australia, it is usually enough for a plaintiff to just prove that the trespass occurred and the defendant must prove that it wasn't their fault etc for the action to succeed.
Of course when it comes to damages (note: a very different term from damage in legal terms), the amount of damage suffered will go towards the amount of damages awarded. In the case of no damage suffered, the damages may only be nominal or even contemptuous depending on the circumstances. This doesn't really matter though, because you have still won the case which is sometimes the only thing that really matters to the litigants.
This is not true in negligence actions though, where damage is an essential element of the action.
Like I said though, I can only speak for other common law jurisdictions such as the UK and Australia, so if the US case law says otherwise, I apologise.
