Are there any restrictions on the types of damages that can be awarded in a product liability case?

Yes, there are restrictions on the types of damages that can be awarded in a product liability case in Florida. Generally, only compensatory damages and punitive damages can be awarded. Compensatory damages are intended to compensate the plaintiff for any losses or damages suffered from the defective product, and can include medical expenses, lost wages, emotional suffering, and pain and suffering. Punitive damages are intended to punish the defendant for their recklessness or wanton disregard of the plaintiff’s rights or safety. In Florida, the amount of damages for compensation and punitive damages is limited to the amount of economic damages or $500,000, whichever is greater. Economic damages include all costs related to medical care, damage to property, and lost wages and profits. Non-economic damages, such as pain and suffering, mental anguish, or loss of consortium may not exceed $750,000, regardless of the amount of economic damages. In addition, under Florida’s comparative negligence rule, plaintiffs may only recover damages if they were less than 50% at fault. If the plaintiff is deemed more than 50% at fault, no damages can be recovered. Furthermore, if the plaintiff is found to have contributed to their own injury in any way, the award of damages may be reduced accordingly. Finally, if the manufacturer can prove the user of the product failed to follow the manufacturer’s instructions or warnings, the manufacturer may be found not liable.

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Are there any restrictions on the types of damages that can be awarded in a product liability case?

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