What types of damages are recoverable in defective products cases?

In North Carolina, individuals can sue under the state’s Defective Products Law for a variety of damages related to the product or incident in question. Depending on the circumstance, damages may include the cost of the original product, as well as any additional costs incurred, such as medical bills, lost wages, and attorney fees. In addition, plaintiffs may be eligible to recover for pain and suffering, emotional distress, and any loss of consortium. In some cases, punitive damages may be available. Punitive damages are not meant to compensate the plaintiff for the harm they have suffered, but instead, to punish the defendant for reckless or intentional misconduct, as well as to deter similar conduct in the future. In North Carolina, punitive damages are not awarded in every defective products case, as the state limits the amount that can be recovered for punitive damages to $250,000. Finally, North Carolina permits certain cases of product liability to be litigated as class action lawsuits, whereby a group of plaintiffs unite to take legal action against the defendant. Class action lawsuits enable the plaintiffs to share in any damages awarded collectively, and to benefit from the pooled resources of the class.

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