What types of damages are recoverable in defective products cases?

In Georgia, damages recoverable in defective products cases include economic damages and sometimes punitive damages. Economic damages are damages that compensate a plaintiff for the economic losses suffered due to the defendant’s conduct, such as medical costs, lost wages, or damaged property repair costs. Punitive damages are damages that punish the defendant and are intended to deter similar future conduct. Punitive damages are may only be awarded when the defendant’s conduct is especially egregious. In addition to economic and punitive damages, a plaintiff may recover a variety of other damages, including pain and suffering and inconvenience. Pain and suffering damages compensate the plaintiff for physical pain, emotional distress, or loss of enjoyment caused by the injury. Inconvenience damages are intended to reimburse the plaintiff’s lost time associated with dealing with the injury, such as trips to the doctor or time spent away from work. In some cases, a defendant may be liable for attorney fees incurred by the plaintiff in pursuing a defective products case. This type of damages is based on the concept of unjust enrichment, which means that a defendant should not be allowed to benefit from the plaintiff’s attorney fees if the defendant acted unreasonably. Finally, a plaintiff may recover damages for the defendant’s breach of a warranty, such as an express warranty or a warranty of merchantability. In this situation, the plaintiff may recover the difference between the value they received and the value promised by the warranty.

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