Punitive Damages Awards in Product Liability Suits

Punitive damages are damages in excess of damages awarded to compensate a tort victim for injuries sustained. Also called exemplary damages, punitive damages are awarded to punish a tortfeasor for wanton or malicious conduct. Punitive damages have often been assessed in product liability actions.

Motor Vehicles

Motor vehicles can have design defects and manufacturing defects. If a defect causes harm to a consumer, the manufacturer can be held liable for damages.

Statute of Limitations in Products Liability Litigation

When a person suffers personal injury or property damage due to a product that is defectively designed or manufactured, the injured person has a set time period (called the statute of limitations) in which to file a lawsuit. Statutes of limitations restrict the time period a person has to file a lawsuit. Statutes of limitations vary from state to state. They also vary depending upon the type of lawsuit filed. For example, Ohio law allows a person 6 years to sue for breach of an oral contract and 15 years to sue for breach of a written contract. The Ohio wrongful death law requires a lawsuit to be filed within 2 years after the death occurs. If a claim expired due to the statute of limitations, the defendant (the person being sued) has to raise the statute of limitations as a defense in the lawsuit. If the defense is raised in court, the lawsuit will be barred. If the defendant fails to raise the defense, it is waived and the lawsuit can proceed.

Negligence

Products liability law covers personal injury and property damage that occurs when a defective product is used. A product is defective if its design makes it dangerous, if it was improperly manufactured or if the manufacturer failed to warn of the product's dangers. You may be able to recover damages if you are injured while using a defective product. There are three theories of products liability: strict liability, negligence, and breach of warranty. This article covers a manufacturer's liability for breach of warranty.

Admissibility of Evidence of Prior Accidents in Product Liability Actions

Admissibility of Evidence of Prior Accidents in Product Liability Actions