What are the possible remedies in a product liability case?

A party that is adversely affected by an unsafe product can obtain a remedy through a product liability case. In Utah, a product liability case is generally based on a claim of negligence, strict liability, or breach of warranty. In a negligence case, a plaintiff must prove that the defendant owed a duty of care, the defendant breached that duty of care, and that the breach of duty caused injury or loss to the plaintiff. In a strict liability case, a claimant must prove that the product was defective and the defect caused the injury. In a breach of warranty case, the plaintiff must prove that the defendant stated or implied that the product was safe and/or of particular quality, the product failed to meet that stated or implied warranty, and that the failure caused injury or loss to the plaintiff. Should the plaintiff in a product liability case be successful in proving their claim, there are a few remedies available. These can include compensatory damages to cover losses suffered by the plaintiff, such as medical bills and lost wages. Punitive damages may also be awarded in certain cases. Punitive damages are meant to punish the defendant for their actions or negligence and are not awarded in every case. The court may also issue an injunction, which would require the defendant to take some action to stop the injury or losses to the plaintiff.

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