Am Jur 2d - Damages § 2

I. Introduction, § 2 - Other terms distinguished

Although the words "damages," "damage," and "injury" are sometimes used synonymously, there is a material distinction between them. Injury is the illegal invasion of a legal right;[1] damage is the loss, hurt, or harm that results from the injury;[2] and damages are the recompense or compensation awarded for the damage suffered.[3]

Observation:

The above distinctions are not always followed. Sometimes, the words "damage" and "injury" are used interchangeably and, within legislative meaning and judicial interpretation, import loss, harm, or hurt.[4] Then, "damages" means compensation for the legal injury sustained.[5] It is also said that damages are a measure of injury.[6]

All case links go to Westlaw and require login.

1 Bowman v. City of Davenport, 243 Iowa 1135, 53 N.W.2d 249, 63 A.L.R.2d 853 (1952) ; Rosnick v. Marks, 218 Neb. 499, 357 N.W.2d 186 (1984) ; Carroll v. Rye Tp., 13 N.D. 458, 101 N.W. 894 (1904) .
Injury is the wrongful act that caused the loss. Monsanto Co. v. Miller, 455 N.E.2d 392 (Ind. Ct. App. 1983) .
"Injury" means something done against the right of the party, producing damage, whereas "damage" is the harm, detriment, or loss sustained by reason of the injury. Sohm v. Dixie Eye Center, 2007 UT App 235, 166 P.3d 614 (Utah Ct. App. 2007) .

2 Hanna v. Martin, 49 So. 2d 585 (Fla. 1950) ; Jackson v. St. Louis-San Francisco Ry. Co., 357 Mo. 998, 211 S.W.2d 931 (1948) ; Rosnick v. Marks, 218 Neb. 499, 357 N.W.2d 186 (1984) ; Sager v. McClenden, 296 Or. 33, 672 P.2d 697 (1983) ; Sohm v. Dixie Eye Center, 2007 UT App 235, 166 P.3d 614 (Utah Ct. App. 2007) .

3 Monsanto Co. v. Miller, 455 N.E.2d 392 (Ind. Ct. App. 1983) ; Turcotte v. De Witt, 333 Mass. 389, 131 N.E.2d 195 (1955) ; Jackson v. St. Louis-San Francisco Ry. Co., 357 Mo. 998, 211 S.W.2d 931 (1948) ; Rosnick v. Marks, 218 Neb. 499, 357 N.W.2d 186 (1984) ; Sager v. McClenden, 296 Or. 33, 672 P.2d 697 (1983) ; Employers Mut. Liability Ins. Co. v. De Bruin, 271 Wis. 412, 73 N.W.2d 479 (1955) .

4 In re City of Pittsburgh, 243 Pa. 392, 90 A. 329 (1914) .
In negligence actions, "injury" is typically defined as "any harm caused to a person, such as a broken bone, a cut, or a bruise." Sohm v. Dixie Eye Center, 2007 UT App 235, 166 P.3d 614 (Utah Ct. App. 2007) .
As to whether damage is presumed from injury, see § 5 .

5 Frankel v. U.S., 321 F. Supp. 1331 (E.D. Pa. 1970) , judgment aff'd, 466 F.2d 1226 (3d Cir. 1972) .

6 Kozar v. Chesapeake & O. Ry. Co., 449 F.2d 1238 (6th Cir. 1971) ; Macon-Bibb County Water and Sewerage Authority v. Tuttle/White Constructors, Inc., 530 F. Supp. 1048 (M.D. Ga. 1981) ; Rosnick v. Marks, 218 Neb. 499, 357 N.W.2d 186 (1984) .

Read this complete Am Jur 2d section on Westlaw

FindLaw’s hosted excerpts from American Jurisprudence 2d are provided courtesy of the publisher of American Jurisprudence 2d, the industry-leading legal encyclopedia offering unparalleled breadth of coverage of all fields of American law. For full access to American Jurisprudence 2d, including annotations and citations, please visit your local law library or visit Am Jur 2d on Thomson Reuters Westlaw.

FindLaw’s hosted version of American Jurisprudence 2d may not reflect the most recent law. Please verify the status of the section you are researching at your local law library or via Westlaw before relying on it for your legal needs.