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What Damages Can Be Recovered in a Pennsylvania Product Liability Claim?

Product liability claims are brought on behalf of injured persons to compensate them for the injuries they suffered.  The compensation is made in the form of money damages and the amount of money that can be recovered varies from person to person.


Generally, the total amount of money damages that a person can recover consists of the sum of various types of damages:

  • medical bills;
  • lost wages;
  • out-of-pocket expenses for household help and medical co-pays;
  • future lost wages;
  • future medical care;
  • pain and suffering; and
  • loss of consortium.


For example, a person who is injured because of a defective product can recover what are called compensatory damages.

Compensatory damages are damages designed to compensate you for your medical bills, your lost wages and your out-of-pocket expenses like payments for household help and medical supplies.


Compensatory damages also consist of future losses. For example, you may no longer be able to work or may only be able to work part-time or in a sedentary or lower paying job; therefore, you may be entitled to recover not only past lost wages but also future lost wages.


Similarly, you may require medical treatment for many years to come, and the cost of that future medical care can be recovered.  Thus, compensatory damages consist of your financial losses, and they should put you in the financial position you would have reached had you never been injured by the defective product.


The second category or type of damages consists of pain and suffering damages.  The judge or jury, or perhaps the arbitrator or mediator, will be asked to evaluate the pain and suffering caused by this injury and to consider how the injury has affected your lifestyle, your ability to perform your activities of daily living, your ability to raise your family, your ability to participate in sports and the extent to which you can enjoy your hobbies.


Your spouse may also have a claim for loss of consortium.  These damages are designed to compensate your spouse for the impact upon him or her caused by your injury.  Even though your spouse may not have been directly injured by the defective product, your spouse can recover these damages if, for example, your spouse must take care of you or assume many more responsibilities for you, your family or your home.


Product liability cases are complicated and are best handled by experienced lawyers who are familiar not only with product liability laws but also with engineering principles and the appropriate engineering analyses.

If you or a loved one was injured by a dangerous or defective product and would like to discuss your legal rights, contact experienced Philadelphia, PA & NJ products liability lawyers for a free consultation. 877.944.8396.

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