Aesthetic Damage: Civil Liability

Introduction

In her book, Aesthetic Damage: Civil Liability, Teresa Ancona Lopez explores the complex and evolving legal landscape surrounding aesthetic damage claims. With a focus on the United States and Europe, Lopez provides a comprehensive analysis of the various theories and doctrines that have been used to support and deny recovery for aesthetic injuries.

Theories of Aesthetic Damage

Lopez begins by discussing the different theories that have been used to justify recovery for aesthetic damage. These theories include:

• The physical injury theory holds that aesthetic damage is a form of physical injury that should be compensable under traditional tort law principles.
• The mental anguish theory holds that aesthetic damage can cause significant mental anguish and emotional distress, which should be compensable under tort law.
• The loss of enjoyment of life theory holds that aesthetic damage can deprive a person of the enjoyment of life, which should be compensable under tort law.

Doctrines Limiting Recovery for Aesthetic Damage

Despite the existence of these theories, Lopez notes that there are a number of doctrines that have been used to limit recovery for aesthetic damage. These doctrines include:

• The eggshell skull rule holds that a defendant is liable for the full extent of a plaintiff's injuries, even if those injuries are more severe than would be expected in a normal person. However, this rule has been applied inconsistently to aesthetic damage claims.
• The avoidable consequences doctrine holds that a plaintiff cannot recover for damages that could have been avoided through reasonable efforts. This doctrine has been used to deny recovery for aesthetic damage on the grounds that the plaintiff could have undergone plastic surgery or other corrective measures.
• The collateral source rule holds that a plaintiff cannot recover for damages that have been paid for by a collateral source, such as insurance. This doctrine has been used to deny recovery for aesthetic damage on the grounds that the plaintiff's medical expenses were covered by insurance.

Comparative Analysis

Lopez then provides a comparative analysis of the different approaches to aesthetic damage claims in the United States and Europe. She notes that the United States has been more reluctant to recognize aesthetic damage claims than Europe, and that this difference is due to a number of factors, including:

• The United States' strong tradition of individualism, which emphasizes personal responsibility and self-reliance.
• The United States' relatively low level of social welfare, which makes it difficult for plaintiffs to obtain compensation for aesthetic damage through government programs.
• The United States' high cost of medical care, which makes it difficult for plaintiffs to afford plastic surgery or other corrective measures.

Conclusion

Lopez concludes by arguing that the current state of the law on aesthetic damage is unsatisfactory and that there is a need for reform. She proposes a number of reforms, including:

• Expanding the scope of compensable aesthetic injuries. The current law only allows recovery for aesthetic injuries that are considered to be "serious" or "disfiguring." Lopez argues that this standard is too narrow and that recovery should be allowed for any aesthetic injury that causes significant mental anguish or emotional distress.
• Eliminating the avoidable consequences doctrine. Lopez argues that the avoidable consequences doctrine is unfair to plaintiffs who cannot afford to undergo plastic surgery or other corrective measures.
• Modifying the collateral source rule. Lopez argues that the collateral source rule should not apply to aesthetic damage claims, as these damages are not typically covered by insurance.

Lopez's book is a valuable resource for anyone interested in the legal issues surrounding aesthetic damage claims. She provides a comprehensive analysis of the current state of the law, and her proposals for reform are well-reasoned and persuasive.

Why You Should Buy This Book

If you are interested in the legal issues surrounding aesthetic damage claims, then you should buy this book. It is a comprehensive and well-written analysis of the current state of the law, and it provides a number of valuable insights into the challenges that plaintiffs face in these cases. Lopez's proposals for reform are well-reasoned and persuasive, and they offer a roadmap for how the law can be improved.