Trial Attorney Blog
In today’s consumer-driven society, product liability cases are not uncommon.
When a product fails to meet safety standards or causes harm due to defects, the legal concept of product liability comes into play.
In such cases, individuals who suffer injuries or damages may seek compensation for their losses.
Understanding the types of compensation available in product liability cases is crucial for both consumers and manufacturers.
Compensatory Damages:
Compensatory damages aim to reimburse the plaintiff for losses incurred as a result of the defective product.
These damages can be further categorized into economic and non-economic damages:
- Economic Damages: This includes quantifiable financial losses such as medical expenses, lost wages, property damage, and rehabilitation costs.
- Non-economic Damages: Non-economic damages are more subjective and cover intangible losses such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium (damage to spousal relationship).
Punitive Damages:
Punitive damages are designed to punish the defendant for their negligence or wrongdoing and deter similar behavior in the future.
Unlike compensatory damages, punitive damages go beyond reimbursing the plaintiff and are awarded as a form of punishment to the defendant.
However, punitive damages are not awarded in every product liability case and typically require proof of egregious conduct or reckless disregard for consumer safety.
Medical Monitoring:
In cases where a defective product poses ongoing health risks, plaintiffs may seek compensation for future medical monitoring.
This includes the cost of regular medical check-ups, diagnostic tests, and screenings to detect any potential health issues resulting from exposure to the defective product.
Medical monitoring aims to detect and treat health problems at an early stage, thus mitigating potential future harm.
Loss of Consortium:
Loss of consortium refers to the negative impact that an injury or illness caused by a defective product may have on the relationship between spouses or family members.
In product liability cases, the injured party’s spouse or family members may seek compensation for the loss of companionship, affection, assistance, and sexual relations that result from the injury or illness.
Attorney’s Fees and Legal Costs:
In many product liability cases, the prevailing party is entitled to recover attorney’s fees and legal costs incurred during the litigation process.
These include expenses such as court filing fees, expert witness fees, deposition costs, and other litigation-related expenses.
Recovering attorney’s fees and legal costs help offset the financial burden of pursuing a product liability claim.
Understanding Product Liability: Key Legal Theories
In a product liability case, the type and amount of compensation sought often depend on the legal theories under which the lawsuit is filed.
The three primary legal theories in product liability cases are negligence, strict liability, and breach of warranty.
Each theory has distinct elements and implications for the type of compensation that may be awarded.
Negligence:
Negligence claims arise when a manufacturer, distributor, or retailer fails to exercise reasonable care in the design, production, or distribution of a product.
To prove negligence, the plaintiff must demonstrate that:
- The defendant owed a duty of care to the plaintiff.
- The defendant breached that duty of care.
- The breach caused the plaintiff’s injury.
- The plaintiff suffered actual damages as a result.
In negligence cases, compensation may cover both economic and non-economic damages, including medical expenses, lost wages, pain and suffering, and punitive damages if the defendant’s conduct was particularly reckless.
Strict Liability:
Under strict liability, a manufacturer or seller can be held liable for a defective product regardless of whether they were negligent.
The plaintiff must prove that:
- The product was defective when it left the defendant’s control.
- The defect made the product unreasonably dangerous.
- The defect caused the plaintiff’s injury.
Strict liability focuses on the product itself rather than the conduct of the manufacturer or seller.
Compensation in strict liability cases often includes medical expenses, lost wages, pain and suffering, and property damage.
Breach of Warranty:
Breach of warranty claims arises when a product fails to meet the terms of its warranty.
Warranties can be expressed (explicitly stated) or implied (unstated but legally required).
There are two main types of implied warranties:
- Implied Warranty of Merchantability: This warranty guarantees that a product is fit for the ordinary purposes for which such products are used.
- Implied Warranty of Fitness for a Particular Purpose: This applies when a seller knows that the buyer intends to use the product for a specific purpose and assures the buyer that the product is suitable for that purpose.
Compensation in breach of warranty cases typically includes economic damages related to the failure of the product to meet the warranty terms, such as repair costs, replacement costs, and consequential damages like lost profits or additional expenses incurred due to the defect.
Real-World Examples of Product Liability Cases
To better understand the potential compensations in product liability cases, let’s look at a few notable examples:
Automotive Defects:
Automotive defects can lead to severe injuries and fatalities.
One prominent case involved the Takata airbag recall, where defective airbags were linked to numerous injuries and deaths.
Victims and their families sought compensation for medical expenses, lost wages, pain and suffering, and, in some cases, punitive damages due to the company’s alleged cover-up of the defect.
Pharmaceutical and Medical Devices:
Pharmaceutical and medical device companies can be held liable for defective drugs and medical devices.
For instance, the Johnson & Johnson talcum powder lawsuits alleged that the company’s talc products caused ovarian cancer.
The plaintiffs sought compensatory damages for medical expenses, pain and suffering, and punitive damages due to the company’s failure to warn consumers of the risks.
Consumer Products:
Everyday consumer products can also be the subject of product liability cases.
The exploding Samsung Galaxy Note 7 smartphones are an example of a case in which plaintiffs sought compensation for property damage, injuries, and emotional distress caused by defective batteries.
The Role of Expert Witnesses in Product Liability Cases
Expert witnesses play a crucial role in product liability cases by providing specialized knowledge and opinions that help establish the facts of the case.
Experts can include:
- Medical Experts: To testify about the extent and cause of injuries.
- Engineering Experts: To analyze the design and manufacturing process of the product.
- Economic Experts: To calculate financial losses, including future medical costs and lost earnings.
Their testimony can be instrumental in proving the existence of a defect, the link between the defect and the plaintiff’s injury, and the extent of the damages suffered.
Conclusion
Product liability cases serve a dual purpose: they provide a means for injured consumers to obtain compensation and hold manufacturers accountable, thereby encouraging higher safety standards.
Understanding the types of compensation available and the legal frameworks underpinning these cases is essential for both consumers and legal professionals navigating the complexities of product liability law.
By doing so, they can better protect themselves and contribute to a safer marketplace for all.
If you or a loved one has been affected by a defective product and you are seeking compensation, it is crucial to seek professional legal advice.
Contact our experienced attorneys at Finch McCranie for a consultation.
We can help you understand your rights and guide you through the process of seeking justice and compensation.
FAQs
What are punitive damages, and when are they awarded?
Punitive damages are designed to punish the defendant for their negligence or wrongdoing and deter similar behavior in the future. They go beyond compensatory damages and are awarded as a form of punishment. Punitive damages are not awarded in every product liability case and typically require proof of egregious conduct or reckless disregard for consumer safety.
Can compensation include future medical monitoring costs?
Yes, in cases where a defective product poses ongoing health risks, plaintiffs may seek compensation for future medical monitoring. This includes regular medical check-ups, diagnostic tests, and screenings to detect potential health issues resulting from the defective product.
What is the loss of consortium in a product liability case?
Loss of consortium refers to the negative impact that an injury or illness caused by a defective product may have on the relationship between spouses or family members. The injured party’s spouse or family members may seek compensation for the loss of companionship, affection, assistance, and sexual relations.
Can plaintiffs recover attorney’s fees and legal costs?
In many product liability cases, the prevailing party is entitled to recover attorney’s fees and legal costs incurred during the litigation process. This includes expenses such as court filing fees, expert witness fees, deposition costs, and other litigation-related expenses.
What compensation is available under negligence claims?
In negligence cases, compensation may cover both economic and non-economic damages, including medical expenses, lost wages, pain and suffering, and potentially punitive damages if the defendant’s conduct was particularly reckless.
How is compensation determined in strict liability cases?
Compensation in strict liability cases often includes medical expenses, lost wages, pain and suffering, and property damage. The focus is on the product itself rather than the conduct of the manufacturer or seller.
What is a breach of warranty, and what compensation can be sought?
A breach of warranty occurs when a product fails to meet its express or implied warranty terms. Compensation typically includes economic damages related to the product’s failure, such as repair costs and replacement costs, and consequential damages, like lost profits or additional expenses incurred due to the defect.