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Can You Recover Emotional Damages from Strict Product Liability?

Can you recover emotional damages from strict product liability

Introduction

The doctrine of strict product liability refers to the principle whereby manufacturers, distributors, or retailers are liable for the harm inflicted by defective products, regardless of negligence. This liability is particularly crucial in scenarios where consumers may be injured due to the fact that a dangerous product is on the market. But what if the injury is not only physical but also emotional? If it is so, is it possible for a victim to claim emotional distress under strict product liability?

In this post, we will try to answer this question and, more specifically, examine the basic principles of product liability, the concept of emotional damages and their recovery in the case when a claimant has suffered emotional distress due to a defective product.

What Is Strict Product Liability?

In strict product liability, a manufacturer or seller can be held accountable for a defectively marketed product that leads to injury even in the absence of negligence in its design or sale. The breach doctrine centers around shifting the blame from the conduct of the manufacturer to the condition of the product itself.

In a strict liability tort case regarding any product, the following are the main facts that the plaintiff has to establish:

  • There was a defect in the product.
  • The defect existed when the product was released from the control of the manufacturer.
  • The defect resulted in someone being injured.

This type of liability aims to compensate consumers and discourage manufacturers from making unsafe products. The important thing to note in this case is that the manufacturer does not have to be negligent, it is enough that the product was somehow defective and caused injury.

Types of Product Defects in Strict Product Liability

In legal terms, there are three primary categories of product defects that give rise to liability without fault or negligence:

Design Defects: These are defective features that affect every product manufactured and which develop a design flaw in the intent and structure of the product.

Manufacturing Defects: These are the defects that occur after a design has been established. They occur in the final stages of production.

Marketing Defects: These marketing defects are the wrong messages about the product and include poor instructions and a lack of sufficient warning messages about the potential dangers of a product to its users.

What Are Emotional Damages?

Emotional damage can also be called emotional distress and is the psychological effects that an occasion of injury or an assault leaves on a person’s psyche; in other words, emotional damage includes anxiety, depression, disturbing stress disorder (PTSD), sleeplessness and even other emotions and Hannah related elapses like illnesses that result as consequences of accidents or injuries.

In a lot of personal injury claims, emotional distress is recognized as harm that is compensable especially when supported by a physical injury. Emotional damage is categorized as non-economic damage which pays for intangible loss such as pain and suffering rather than the loss of money directly.

Are Emotional Damages Recoverable In Strict Product Liability Claims?

Yes, emotional damages can be recovered in cases of strict product liability, but this will depend on certain conditions, including the jurisdiction, the type of the defect and, most importantly the relation between the emotional damage and the physical injury.

1. Relationship between physical and emotional injury

In a number of strict product liability cases, emotional damage is awarded when it results from or accompanies the physical injury caused by the defective product. For example, when a person suffers severe burns from a defective heater, he or she may likely suffer emotional distress such as anxiety or PTSD due to the injury sustained from the heater and he/she may be compensated for that injury.

Where emotional distress is reasonably claimed as a direct result of an injury sustained, courts will assess cases favorably in favor of the litigant. In doing that, there are clear reasons being presented; physical injury is easy to assess value and emotional stress is mostly consequent of an injury and pain endured by the victim in question.

2. Emotional Distress in the Absence of Physical Harm

In some situations even though the victim sustained no physical injuries, damages for emotional pain could be provided. This is much less common in product liability scenarios, but it can occur if the emotional damage is notably severe and occurs due to extenuating circumstances. For instance, in instances where a person escapes grievous injury owing to a unable product, the stress of potential injury or mental anguish experienced could give rise to a claim.

Nonetheless, many courts of law are hesitant to award damages for emotional suffering in the absence of any physical injury, some states even have statutes restricting the recovery of damages on account of mental anguish in case of strict torts with no accompanying injuries.

Legal Hurdles in Claiming Emotional Damages in Product Liability

If one does very firm torts, then it is also feasible to claim emotional pain. Nevertheless, it is imperative to consider the challenges that come with such claims:

1. Establishing Emotional Disturbance

Proving emotional disturbance is one of the most intricate tasks, a task that has a clear-cut burden of proof. Unlike physical injuries, emotional damages are mostly subjective and may vary from person to person. Evidence in support is often needed including:

  • Testimonies from mental professionals like psychologists, or psychiatrists if need be.
  • Medical evidence of emotional and psychological symptoms was obtained through health records.
  • The emotional suffering and distress that the person went through is worth reporting or explaining.

2. Legal considerations

States have rules and limitations as to what class of tortious injury can be compensated for in a product liability case. Some states have certain rules that are more stringent in regard to awarding some types of non-economic factors, emotional distress included. Moreover, some states set a maximum amount awardable for non-economic injury which will limit the amount of emotional injury a victim can be awarded for.

3. Type of Defence for Defendants

In almost all product liability cases, the defendants make allegations that the emotional damages pleaded by victims were too much and cannot be falling on the defective products. They may also argue that the emotional distress was caused by external events and not the product or that the plaintiff has trauma which is not when it should be. That is the reason why solid evidence and expert testimony come in handy.

Real-Life Instances Showing The Emotional Damages Associated With Strict Product Liability

Here are two instances in real life, wherein the complainants sought emotional damages in the cases of strict product liability:

Example 1: Malfunctioning Car Airbags

In one instance, the plaintiff figured in a vehicular accident where the airbag did not deploy because of a defect in its design or construction. Consequently, they sustained massive injuries, including fractured bones and internal injuries. Besides these physical injuries, the plaintiff developed post-traumatic stress disorder and anxiety attacks associated with driving. They were able to receive compensation on both a physical and emotional basis, with the court saying that the distress was as the result of the injury as the faulty item was.

Example 2: Defective Protective Glove Leading To Its Wearer Being Exposed To Toxic Chemical

Also, there was a plaintiff who suffered exposure to a toxic chemical because of a defective protective glove that she was wearing. The exposure causes major dermatological burns and respiratory problems, but also emotional turmoil because of anxiety over potential long-term ramifications on health. The plaintiff went through panic attacks and depression after this occurrence. Emotional damages were granted by the court as the mental injury was associated with a defective product that led the plaintiff to physical injuries.

Establishing Emotional Damages in Cases of Strict Product Liability

In the event that a customer suffers emotional distress as a result of using a defective product, he can go about making his case stronger and claim damages with these simple steps.

1. Maintain a Journal

Keep a journal of events with special emphasis on emotional and psychological symptoms and medical attention, therapy, and drugs taken for emotional distress so that they can be comprehended adequately. Documents are very helpful in ascertaining the level of a person’s emotional pain.

2. Go for Medical and Psychological Therapy

Take both medical and psychiatric support in order to have a solid case. This will not only help you get the treatment you need but also ensure that there is a record concerning the emotional and physical trauma sustained.

3. Get in Touch with a Lawyer for Product Liability Cases

Cases of strict product liability and emotional distress can be quite challenging. The right attorney would assist in the collection of facts, case preparation, and courtroom representation. He also addresses the laws applicable in your region that govern the recovery of emotional damages.

Conclusion

In most of the product liability cases, emotional injuries can be referred to as personal injuries as well. While it is not unusual to seek recourse for severe emotional distress in a case involving strict product liability, this rarely takes place without a lot of emotional and strenuous efforts. You have the right to consult a lawyer if you have suffered due to the negligence of the manufacturer of a defective product because there are many legal ways in which you can be compensated for your suffering. Check our Wrongful Death Lawyer Services to help you in product liability cases.

FAQs About Emotional Damages in Strict Product Liability Cases

1. Can I recover emotional damages in a strict product liability case if I wasn’t physically injured?

It is possible, however, it is more difficult to do so. Because many courts will allow for recovery of severe emotional damage without physical damage, the plaintiff must demonstrate that such emotional distress was indeed caused by the defective product.

2. How do I demonstrate emotional distress?

You will require medical history, mental health practitioners’ statements, as well as diarial accounts of the daily effects of the emotional pain. Testimony of experts can greatly enhance your argument.

3. Are there limits on emotional damages in product liability cases?

In some states, some economic losses including emotional misery have limits within them. The limits range from state to state, so it is advisable to speak to a lawyer to understand how it works in their jurisdiction.

4. What do the courts use to arrive at the figures of emotional injuries in product liability cases?

When determining emotional injuries, courts take into factors such as the intensity of these emotions, the time length in which they were experienced, the evidence provided and how they impact the life of the plaintiff.

5. Can I sue for emotional damages if a loved one was injured by a defective product?

Someone who was injured or affected by the injury may sometimes make a claim for emotional distress in these situations. However, they may only be able to do so under very specific conditions and not all jurisdictions are the same regarding emotional distress.

6. What role does a lawyer play in recovering emotional damages?

Emotional damages can be demonstrated through evidence, so an experienced attorney will use surveys, papers, videos, and in-person testimonials to assist the claimant in case of emotional distress inflicted by defective product depreciation.

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