What types of damages can be recovered in a product liability claim?
In the state of North Carolina, damages that can be recovered in a product liability claim depend on the particular facts of a case. Generally, compensation can be sought for any physical injury, economic losses, and intangible losses such as pain and suffering. Additionally, a claimant may be able to recover punitive damages if a defendant’s conduct was considered particularly egregious or irresponsible. Physical injury damages compensate claimants for a wide variety of physical harm, including medical bills, physical therapy, lost wages for time off of work, and medical equipment. Economic losses compensate claimants for any financial losses directly related to the injury, such as damage to property or lost wages. Intangible losses seek to compensate individuals for non-financial losses like pain and suffering, mental anguish, and the embarrassment and humiliation of living with a physical injury. Finally, punitive damages exist to punish defendants whose conduct was particularly careless or reckless. Unlike the other types of damages, punitive damages are not intended to fairly compensate a claimant for the losses they have incurred. Rather, punitive damages are meant to deter companies from acting recklessly and harming consumers. In North Carolina, the law allows punitive damages awards to be up to three times the amount of compensatory damages or $500,000, whichever is greater.
Related FAQs
What remedies are available to consumers when a product is found to be unreasonably dangerous?How can a company decide which products to recall?
What factors do courts consider when determining whether a product is defective?
What are some defenses a manufacturer might make in a product liability case?
What are some common defenses used by defendants in product liability cases?
What is the legal standard for determining whether a product is dangerous or defective?
What liability do sellers have for products they provide?
What happens when a product defect causes a person’s death?
What is a “warning defect”?
What is “strict liability”?
Related Blog Posts
Understanding the Basics of Products Liability Law - July 31, 2023What is a Breach of Warranty? - August 7, 2023
What is Strict Liability in Products Liability Law? - August 14, 2023
How Can You Establish a Products Liability Claim? - August 21, 2023
Common Defenses in Products Liability Cases - August 28, 2023