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.

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