In a product liability case, damages that can be awarded typically include:
Compensatory Damages
Compensatory damages are intended to compensate the victim for losses suffered as a result of a defective product. These damages can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
Punitive Damages
Punitive damages are awarded to punish the defendant for their wrongful actions and to deter others from engaging in similar conduct. These damages are typically only awarded in cases where the defendant’s conduct was particularly egregious or reckless.
Loss of Consortium
In some cases, a spouse or family member of the victim may be able to recover damages for the loss of companionship, services, and support that result from the victim’s injuries.
Wrongful Death Damages
If the defect in the product leads to the death of the victim, the surviving family members may be able to recover damages for:
- Funeral and burial expenses
- Loss of financial support
- Loss of companionship
- Mental anguish
Types of Product Liability Claims
There are three main types of product liability claims that can result in damages:
Design Defects
Design defects occur when the product is inherently dangerous due to its design. In these cases, the entire line of products may be defective, and damages can be awarded to victims who were injured as a result of the defect.
Manufacturing Defects
Manufacturing defects occur during the production of the product, making it different from the intended design. Damages can be awarded to victims who were injured by a specific defective product.
Marketing Defects
Marketing defects involve issues such as inadequate warnings, improper labeling, or insufficient instructions for safe use of the product. Damages can be awarded to victims who were injured due to a lack of proper warnings or instructions.
Proving Damages in a Product Liability Case
In order to recover damages in a product liability case, the victim must be able to prove:
- That the product was defective
- That the defect caused the victim’s injuries
- The extent of the victim’s damages
It is crucial to gather evidence such as medical records, expert testimony, and documentation of financial losses to support the claim for damages.
Statute of Limitations
It is important to be aware of the statute of limitations for filing a product liability claim, as there is a time limit within which a claim must be filed. This time limit varies by state, so it is important to consult with an attorney to ensure that the claim is filed within the required timeframe.