When a product has a defect, it can physically injure you or a loved one and even cause extensive damage to your property. Do not wait to pursue legal justice for harm caused by a faulty item.
Damages in Auburn defective products cases may provide compensation for these injuries, depending on the context with which the item was bought and used. In addition, a seasoned product liability attorney can help you seek to compensate your losses from the seller or manufacturer.
Possible Damages in Defective Products Cases
Damages generally fall into three categories, depending on the injury and the purpose of seeking compensation. These include economic, non-economic, and punitive damages.
Economic Damages
Some injuries are tangible and can be calculated as a monetary sum, called economic damages. Maine Revised Statutes Title 14 § 221 exclusively includes these damages for Lewiston-Auburn defective products cases by stating that the seller or manufacturer is subject to liability for physical harm to a person or their property. Economic damages can include the following:
- Property damage
- Lost wages
- Medical costs for care resulting from the injury
- Disability costs (If an injured party needs accommodation as a result of the injury)
Keeping track of these expenses from the time of the injury can help a person demonstrate the damages owed in their case. A personal injury lawyer can provide more information on which losses qualify as economic.
Non-Economic Damages
Other types of harm are less concrete but still result from an injury, such as pain and suffering, mental distress, and loss of consortium. Calculating these can be more challenging to a court and juries, but they can still be available in a defective products case as part of the harm caused.
Punitive Damages
If a court finds that the behavior of a liable party is especially dangerous, egregious, or purposeful, then punitive damages could be awarded. However, faulty product cases stem from defects in the design, manufacturing, or marketing rather than intentional action against the injured individual, so punitive damages are rarely awarded for these claims.
Damage Limitations
ME Rev. Stat. Tit. 18-C § 2-807 creates a cap for non-economic damages in wrongful death suits that sit at $1,000,000, adjusted for inflation. That said, economic damages have no cap, meaning a person may recover as much as is required to cover their documented losses.
Effects of Comparative Negligence on Defective Products
Maine offers a defense that can defeat an injured individual’s claim for damages in a Lewiston-Auburn defective item case. This is called comparative negligence, essentially an assumption of risk by the hurt party.
As set out by the Supreme Judicial Court of Maine in Austin v. Raybestos-Manhattan, Inc., this assumption of risk is not about failing to find a defect; it is the conscious choice to use a product with the knowledge of a defect. If a person knows about the defect, assumes the risk, and then suffers an injury caused by it, they may not succeed in a claim for damages.
Discuss Damages in an Auburn Defective Product Case With Our Attorney
When a faulty item causes serious injuries, you could be compensated for physical harm to you and your property. Damages in Auburn defective products cases can range from medical costs and lost income, to less measured losses, such as pain and suffering.
A dedicated lawyer from Gideon, Asen LLC can identify what damages you should pursue as compensation for your injuries, and evaluate the facts of your case to see if you assumed the risk of a defective product. Call us today for more information and to schedule your consultation.
