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What damages are available in a products liability suit?

When a product causes you harm, you might be curious to know what kind of legal recourse you have. Kentucky’s Product Liability Act states that you can seek damages due to a range of defects, including issues with the following:

  • The design of the product
  • The manufacturing or preparation of the product
  • The marketing and advertising used to promote the product
  • The warning or labeling on the product

If you believe you have a case, you may be eligible for compensation in the form of damages. Compensatory damages in this type of suit include items such as funding for your medical expenses or any cost associated with a disability you acquired. For example, if you are no longer able to work and tend to your home, you may receive money for missed wages and compensation to hire someone to perform necessary chores around the house.

There are also non-economic damages that you might receive due to the pain and suffering you have experienced. A court could rule that because of your injury, you have struggled to maintain your relationship with a spouse or have lost an enjoyment of life.

Lastly, there are punitive damages that could be awarded in situations in which a court determines that the defendant was especially negligent. These awards are rare and are intended to further punish the defendant.

According to Kentucky’s product liability presumptions, any defective product lawsuit will likely be considered void if the action is brought after five years of the date of sale or eight years from the date of the product’s manufacture.

While this information may be useful, it should not be taken as legal advice.