Damages in Product Liability Cases

In the event that a faulty or dangerous product causes injury to a consumer, the designer, manufacturer, or distributor can be held responsible. If any one of these individuals is found liable for designing, manufacturing, or selling a dangerous or faulty product, the  court can order them to compensate the plaintiff for their losses and, in certain cases, punitive damages may also be awarded.

Compensatory Damages

The court can award compensation to the injured party to cover the cost of any medical bills, lost wages, or property damage stemming from the dangerous or defective product. If an automobile, home, or other personal possession was damaged by the defective product, the injured party will be compensated for the property.

Pain and Suffering

If the plaintiff suffered considerable physical and/or mental anguish as a result of the injury, they can be awarded compensation for their pain and suffering.

Loss of Consortium

Although not applicable to every case, if the injury from a defective product had a negative effect on the plaintiff’s marriage or spouse, the couple could be entitled to compensation for “loss of consortium.” This term refers to the care, companionship, sexual activity, or affection between the injured party and his or her spouse; if there is a decrease in any of these as a result of an injury sustained while using a defective product, the manufacturer could be ordered to pay additional damages to the injured and their spouse.

Punitive Damages

In some cases, the court may want to punish the defendant for negligence and manufacturing a seriously dangerous or defective product. In these instances, punitive damages may be awarded to the plaintiff to deter the defendant from continuing to produce, market, or sell defective products. The requirements for proving guilt or fault are very specific and, therefore, are not awarded in every case. In some jurisdictions punitive damages are limited.

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