Is there a limit on the amount of damages that can be awarded in a defective products case?
Yes, there is a limit on the amount of damages that can be awarded in a defective products case in North Carolina. The North Carolina General Statutes explicitly state that the maximum damages for a defective products case can be no more than three times the amount of economic damages. This limit includes damages for medical expenses, lost income, related costs, and any other damages resulting from the use of the product. The limit of three times the amount of economic damages applies to compensatory damages only. Punitive damages, such as those awarded for malicious intent when a product is defective, are not subject to the same limitation. These damages are generally only available in cases involving intentional or grossly negligent behavior on behalf of the manufacturer. The cap on damages for defective products does not apply in cases of wrongful death. When a defective product causes the death of an individual, the family of the victim is entitled to recover any and all damages awarded in a wrongful death suit, including medical costs, funeral expenses, and other damages. The only limitation in this case is the statute of limitations, which requires a suit to be filed within two years of the date of death.
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