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

In Virginia, a plaintiff can recover several types of damages in a product liability case, such as economic and non-economic damages. Economic damages compensate a plaintiff for monetary losses related to the specific incident, such as medical bills, lost wages, or property damage. Non-economic damages relate to more intangible losses, such as pain and suffering, emotional distress, or loss of enjoyment of life. Punitive damages may also be available in product liability cases, depending on the specific circumstances. Punitive damages are typically awarded to punish the defendant for particularly negligent or reckless behavior. Typically, punitive damages are allowed only when the defendant acted with malice or willful disregard for the rights of the plaintiff. Finally, a plaintiff may also be able to recover attorney’s fees and expenses associated with pursuing a product liability case. This type of damage is not awarded to compensate the plaintiff, but instead to pay the attorney for services rendered. In Virginia, a plaintiff may be able to recover these damages, depending on the circumstances of the case. In all cases, the plaintiff must prove that the defendant was responsible for the incident. However, even when a plaintiff can prove the defendant’s liability, a judge may decide not to award damages. Such a decision would depend on the facts of the specific case, and on whether or not the judge believes that the plaintiff is entitled to recover damages.

Related FAQs

What is a “consumer expectation” test?
What is the “consumer expectation test”?
How do product liability laws differ between states?
What is the difference between a “product liability” claim and a “breach of warranty” claim?
What is the “risk-benefit test”?
Are products with “open and obvious” defects liable?
What is the foreseeability factor in product liability cases?
What liability do sellers have for products they provide?
What are the differences between a manufacturer’s warranty and a product liability claim?
What types of safety warnings are required by product liability laws?

Related Blog Posts

Understanding the Basics of Products Liability Law - July 31, 2023
What 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