What remedies are available to a plaintiff in a product liability case?
In a product liability case in California, a plaintiff may be able to recover damages by proving that a product was defective and caused an injury. The remedies available to a plaintiff in this situation can vary depending on the case. Generally, a plaintiff may be able to recover damages including medical expenses, lost wages, and pain and suffering. In some cases, an injured plaintiff may be able to obtain punitive damages. Punitive damages are awards of money that are given to a plaintiff in order to punish the defendant for negligence. Punitive damages are generally only awarded if the plaintiff can prove that the defendant acted intentionally or recklessly. Additionally, if a plaintiff can prove that a product was defectively designed, they may be able to recover restitution and reimbursement of costs. In addition to monetary damages, a plaintiff may be able to recover other types of relief, such as an order from the court for the defendant to stop selling or distributing the dangerous product. The remedies available to a plaintiff are determined on a case-by-case basis and will depend on the facts of the case. Additionally, the remedies available also depend on whether the case is being brought as a class action lawsuit or as an individual lawsuit.
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