When a product is sold in the market, it is assumed that it is safe for use by consumers. Manufacturers have the responsibility to ensure that their products are tested thoroughly before being sold. If found unsafe, they also have a duty to inform the public about such defects and then pull out the product in the market.
Unfortunately, this has not been the case most of the times. Even if their product is defective, manufacturers still continue to sell their products without any warning to consumers. According to the website of Karlin, Fleisher & Falkenberg, LLC, defective products can result to serious injuries. The good news is that it is possible to recover damages from the manufacturer for any injury they caused. Let us breakdown the available damages you can get from a product liability case:
Compensatory or actual damages are designed to compensate the plaintiff for their injuries. The sum of money helps the injured individual return to the condition they were in prior to the injury. Although it is unlikely for the plaintiff to return to their previous condition, the sum of money they will receive is considered as the “equivalent” to the value of the injury.
Compensatory damages shoulders economic and non-economic losses. The former refers to money or property that the plaintiff lost or missed out as a result of their injury. This includes medical expenses, cost of disability, or loss of wages or profits. Non-economic losses, on the other hand, refer to aspects of injury that are difficult to quantify, such as pain and suffering and loss of consortium.
In most states, there are laws that awards damages through deduction from money received by the injured person from health insurance and medical insurance providers. Some states also provide benefits such as income disability, Social Security, and worker’s compensation.