What damages can I recover in a product liability lawsuit in California?


a product liability lawsuit in California, you may be entitled to recover various types of damages depending on the circumstances of your case. These damages are intended to compensate you for the harm caused by a defective product. The following are some of the damages that you may be able to recover

Compensatory Damages

Compensatory damages are designed to compensate you for the actual losses you have suffered as a result of the defective product. These damages can include both economic and non-economic losses. Economic damages may cover medical expenses, lost wages, property damage, and any other financial losses directly caused by the defective product. Non-economic damages, on the other hand, may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Punitive Damages

In certain cases, you may also be eligible to recover punitive damages. These damages are awarded in addition to compensatory damages and are meant to punish the defendant for their egregious conduct. Punitive damages are typically awarded when the defendant’s actions were particularly reckless, intentional, or malicious. However, it is important to note that California law places a cap on the amount of punitive damages that can be awarded, which is generally limited to a multiple of the compensatory damages.

Medical Expenses

If you have incurred medical expenses as a result of using a defective product, you may be entitled to recover these costs. This can include expenses for hospital stays, surgeries, doctor visits, medication, rehabilitation, and any other necessary medical treatments.

Lost Wages

If your injuries from the defective product have caused you to miss work or have resulted in a diminished earning capacity, you may be able to recover lost wages. This can include both past and future lost wages, as well as any benefits or bonuses you would have received had you not been injured.

Property Damage

If the defective product caused damage to your property, such as a vehicle or personal belongings, you may be able to recover the costs of repairing or replacing the damaged property.

Wrongful Death Damages

In cases where a defective product has resulted in the death of a loved one, certain family members may be able to pursue a wrongful death claim. Wrongful death damages can include funeral and burial expenses, loss of financial support, loss of companionship, and other related losses.

It is important to consult with an experienced product liability attorney to understand the specific damages that may be available in your case, as each situation is unique and the applicable laws can be complex.

  • July 6, 2023