What type of recovery is available to a claimant in a defective products case?
In Arkansas, a claimant in a defective products case is eligible for two types of recovery: compensatory and punitive damages. Compensatory damages are intended to make the claimant whole, or as close to it as possible, and to cover economic losses, such as lost wages and medical expenses. Punitive damages serve to punish the defendant for their negligence, and to deter them and others from engaging in similar behavior in the future. In order for a claimant to be eligible for compensatory damages, they must prove that the product was defective, that the defect caused their injury, and that the injury resulted in monetary damage. The specific amount of the award will be based on the nature and extent of the injury. In order to be eligible for punitive damages, the claimant must prove that the defendant’s actions were “grossly negligent” or “intentional.” If the claimant succeeds in proving this, the court may award the claimant an additional amount, which is usually much higher than the award for compensatory damages. Overall, the primary goal of defective products law in Arkansas is to provide compensation for victims of negligence and to deter potential offenders from engaging in similar activity in the future.
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