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 North Carolina. Generally, product liability law in North Carolina requires a plaintiff to prove that the product was defective and unreasonably dangerous. If these elements are established, the plaintiff may recover damages including economic and non-economic damages. Economic damages would typically include any payments made for medical treatment or any other out of pocket expenses. Non-economic damages may include pain and suffering, emotional distress, and lost wages. North Carolina does, however, impose certain restrictions on awards of damages. For example, non-economic damages are limited to a maximum amount of $500,000. In addition, punitive damages are not usually awarded in a product liability case unless the defendant acted in a malicious or grossly negligent manner. To be awarded punitive damages, the plaintiff must prove that the defendant’s conduct was so outrageous as to go beyond all possible bounds of decency. Therefore, there are certain restrictions on the types of damages that can be awarded in a product liability case in North Carolina.

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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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