What types of damages are recoverable in defective products cases?
In defective products cases, recoverable damages can include both economic and non-economic damages. Economic damages are those related to actual monetary expenses, such as medical bills, property damage and lost wages due to the defect. For example, a person who purchased a defective computer and incurred repair expenses with a technician would qualify for economic damages. Non-economic damages are more subjective, and are related to pain and suffering caused by the defective product. This can include physical pain and suffering, emotional distress and mental anguish. These damages can also include reputational damage, as well as “punitive damages.” Punitive damages are meant to punish the defendant for malicious or intentional behavior, and are often sought in cases involving shoddy manufacturing practices or misleading advertising. In Washington, the amount of compensatory damages that can be recovered for a defective product claim is capped at $500,000. This amount does not include punitive or non-economic damages, which can be sought on top of economic damages. The court will determine the amount of damages if the case is taken to trial, or a settlement can be agreed upon if both parties are willing.
Related FAQs
What type of evidence is required to bring a defective products claim?What type of recovery is available to a claimant in a defective products case?
What is the “consumer’s expectations test” in defective products law?
What is the role of a product liability expert witness?
What types of products are subject to defective products law?
What is the Consumer Product Safety Commission and what role does it have in defective products law?
Are there any consumer remedies available in defective products cases?
What are the elements of a “strict liability” defective products claim?
What type of proof do I need to establish a defect in a product?
Are there any defenses available to a product user in a defective products case?
Related Blog Posts
What Every Consumer Must Know About Defective Products Law - July 31, 2023Understanding Your Rights: Defective Products Law Explained - August 7, 2023
What You Need to Know Before Filing a Defective Product Lawsuit - August 14, 2023
What to Do After Being Injured by a Defective Product - August 21, 2023
When to Seek Legal Representation for Defective Products Law Cases - August 28, 2023