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

In South Carolina, a plaintiff who files a product liability case can recover what are known as compensatory damages. These damages account for the cost of medical expenses, lost wages, and pain and suffering that the plaintiff incurred as a result of any injury caused by the defective product. In addition, a plaintiff may be able to receive punitive damages, which are awarded in order to punish the defendant for their negligent behavior. In product liability cases, this can include not only the manufacturer, but also the seller and distributor of the product. Other damages that a plaintiff can recover in a product liability case are known as consequential damages. These can include damage to property that was caused by a defective product or a loss of future income due to a disability caused by a defective product. A plaintiff may also be able to recover costs associated with any repair or replacement of the product. Lastly, a plaintiff may be able to receive a type of damages known as nominal damages. Nominal damages are usually awarded when a plaintiff has incurred minimal or no actual damages, but still has a legal right to recover some form of compensation. In South Carolina, nominal damages are usually awarded in product liability cases if it is found that the defendant acted with malice or gross negligence.

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