What Damages Can You Get From a Product Liability Lawsuit?

A product liability lawsuit arises due to injuries or deaths resulting from a defective equipment or product. Most claims are based on some kind of negligence or strict liability theory. When buying a product from a certain store, there is always an assumption that the product is safe and will not be harmful to you or your loved ones. According to the website of Williams Kherkher, any defects in a product may arise during manufacture or assembly, shipping or distribution or from sitting on a store shelf.

Once it has been revealed that the injury or death of a person was due to a defective product, the next question that will come to mind is the possible claims that you will get. If you are looking for punitive damages, forget about it because these types of damages require a purposeful intent on the part of the defendant to harm the plaintiff. Product liability is based on negligence and in claims like these, it is unlikely that the defendant acted on some purposeful intent.

In a product liability lawsuit, one can claim for compensatory damages. It can be divided into economic losses and non-economic losses. The former can be easily calculated into monetary dollar accounts while the latter is more difficult to compute. Economic losses may provide coverage for the following:

  • Medical Expenses to pay for hospital and doctor bills, pharmaceutical and medicine bills, physical therapy.
  • Disability Costs which helps defray any expenses related to disability resulting from injury.
  • Lost Wages as the plaintiff may miss work and hence lose wages
  • Property Damage to help the plaintiff pay for any damages due to destruction of properties in casews of defective garden tools or cars.

Non-economic losses, on the other hand, are also called non-monetary losses or general damagaes. Depending on the jurisdiction, there are usually caps or limits to the amount of non-economic losses that can be awarded to product liability claims. These types of losses may include the following:

  • Loss of Consortium. This usually pertains to injuries that can have a negative effect on the relationship with a spouse or partner. This may include loss of affection, companionship and support.
  • Pain and Suffering. This includes pain, suffering, anguish, or loss of enjoyment due to injuries.

Manufacturers of products and equipments have the responsibility to ensure the safety of their consumers. At the same time, they have the duty to inform or warn customers about any potential danger to their product. For a company that fails to do so and a customer gets injured or dies, then they are liable to compensate for any damages or liabilities that may happen due to their negligence.

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