What are the damages that a plaintiff can recover in a product liability case?

In Louisiana, a plaintiff who is successful in a product liability case can recover damages from the person who is responsible for the defect. The types of damages that may be recovered in a products liability case include compensatory damages, which cover the actual harm suffered by the plaintiff, as well as punitive damages, which can be awarded to punish a defendant for particularly reckless or negligent behavior. Compensatory damages can include payment of medical bills, lost wages due to an injury, the cost of physical therapy, and the cost of repairing or replacing the defective product. Punitive damages are intended to deter future misconduct by a defendant and are not meant to compensate a plaintiff; rather, their purpose is to punish and make an example of the defendant. It is important to keep in mind that courts in Louisiana will only award punitive damages if a plaintiff can prove that the defendant acted with intent to harm the plaintiff or in gross negligence. Additionally, the amount of punitive damages awarded can vary widely and depends largely on the circumstances of the case.

Related FAQs

What types of proof are required to establish a product liability claim?
Are manufacturers strictly liable for defective products?
Is a manufacturer responsible for product defects discovered after a sale?
What is the “risk-utility test”?
What are the damages that a plaintiff can recover in a product liability case?
Who is responsible for product recalls?
What is the “state of the art” defense?
Is a consumer able to recover damages in a product liability case?
What are the defenses to a product liability claim?
Is a manufacturer liable for products they did not manufacture but only sold?

What are the damages that a plaintiff can recover in a product liability case?

Related FAQs

Related Blog Posts