Defective or dangerous products are the cause of thousands of injuries every year in the US. Product Liability law defines the legal rules concerning who is responsible for defective or dangerous products. This set of rules is different from ordinary injury law and sometimes makes it easier for an injured person to recover damages. The claims most commonly associated with product liability law are negligence, strictly liability, breach of warranty, and various consumer protection claims.
If you have been injured by a dangerous or defective product, you might be asking yourself, ‘what damages Am I entitled to in a product liability lawsuit?’ Compensatory damages are common in a product liability lawsuit and are designed to return an injured person to the health and financial state they enjoyed before being injured. These damages include medical expenses, loss of income, reduced earning capacity, etc.
Likewise, damages for pain and suffering are typically awarded in product liability lawsuits. You are entitled to damages for mental and emotional anguish, loss of enjoyment of life, and other consequences of the defective or dangerous product. Lawyers often look to the amount awarded for similar injuries in past cases to estimate the value of a given injury. Nevertheless, due to the intangible nature of pain and suffering, the size of such awards varies greatly from case to case.
Less common are awards for loss of consortium. If you injuries have a negative impact on your relationship with your spouse, you may be entitled to compensation. Sometimes referred to as ‘loss of society,’ this award includes everything from sexual relations to companionship, emotional support, and loss of affection. In some cases, your spouse may also have a claim for loss of consortium.
Product Liability lawsuits are quite complex and establishing legal fault often requires the assistance and testimony of experts. Additionally, every state has its own laws and specific statutes that will affect a product liability lawsuit. If you or a loved one has suffered an injury caused by a dangerous or defective product, do not hesitate to reach out to the law offices of Jacoby & Meyers today!