What type of recovery is available to a claimant in a defective products case?

In New York, a claimant in a defective products case may be entitled to recovery for their losses. Depending on the particular facts and circumstances of the case, the types of damages recoverable may include economic losses, such as medical expenses, lost wages, or property damages, as well as non-economic damages, such as pain and suffering, mental anguish, or loss of enjoyment of life. Generally speaking, the theory of recovery in a defective products case is called “strict liability”, meaning that the product’s manufacturer can be held liable for any injuries or damages caused by the product, regardless of whether or not the manufacturer was negligent. In addition to actual damages, a claimant may also be entitled to punitive damages. Punitive damages are awarded to punish the wrongdoer, rather than to compensate the claimant for their losses. Given the significant amount of evidence and proof required to obtain punitive damages, they are typically reserved for the most serious cases of defective products. In some cases, a claimant may also be able to recover attorney’s fees. This type of recovery is often available when a defendant has behaved in an especially egregious manner or refused to honor an agreement. Finally, claimants may also be able to recover costs associated with their claims, such as the cost of filing suit and the cost of obtaining expert witness testimony. Although these costs are generally small compared to the damages recoverable in a defective products case, they can still add up and should not be overlooked.

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What type of recovery is available to a claimant in a defective products case?

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