What type of damages can be awarded in a defective products case?
In a defective products case in New York, a plaintiff may be awarded different types of damages. These damages can be compensatory, also known as actual damages. These refer to any type of losses suffered as a result of the defective product including medical bills, lost wages, property damage, and emotional distress. The plaintiff may also be awarded punitive damages, which are meant to punish the defendant for their negligence. Punitive damages are generally only awarded when the defendant acted intentionally or with gross negligence. In some cases, a plaintiff may be rewarded with nominal damages. This is a relatively small award, usually between $1 and $10, to acknowledge the plaintiff’s right to receive compensation but not necessarily for the amount of harm suffered. In addition, a plaintiff may receive attorney’s fees and costs related to pursuing the claim. Finally, a plaintiff may be awarded a refund or replacement of the product. This is usually offered by the manufacturer or seller rather than a court, but may still result in any additional losses being paid out by the manufacturer or seller, depending on the case. In a defective products case in New York, a plaintiff may be awarded a variety of different damages depending on the circumstances of the case and the degree of harm suffered. These include compensatory damages, punitive damages, nominal damages, attorney’s fees, costs, and a refund or replacement of the faulty product.
Related FAQs
Are there any defenses available to a product user in a defective products case?What is the liability of a seller in defective products law?
What is the “consumer expectation test” in defective products law?
What type of notice do I need to file with the court in a defective products case?
What is “strict product liability” in defective products law?
What can I do if a manufacturer refuses to honor a warranty?
What is the “risk-utility test” in defective products law?
What is the burden of proof for a defective products claim?
How do I choose a product liability attorney?
What is a “misplaced reliance” defect 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