REMEDIES IN PRODUCT LIABILITY CLAIMS
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REMEDIES IN PRODUCT LIABILITY CLAIMS
1) In product liability claims, the victim is entitled to general damages for the bodily injury caused him, such as pain or illness. He is also entitled to claim for psychological injury like agony, shock or discomfort. In deserving cases, damages may be awarded on purely economic grounds, e.g., loss of income, loss or damage to property.
2) Where the victim was hospitalized or incapacitated for a period of time, he is entitled to claim for loss of business or expectation of profit, that is, the profit or money he would have earned during those days of hospitalization or recuperation.
3) Where death results from the defective product use, the defendants of the victim may claim for the loss of life. If there was no death, the victim is entitled to claim general damages for loss of life expectancy. This is to claim that the defective product had, in its effect, shortened his life expectancy.
The victim is entitled to claim special damages to recover the cost of medical expenses and the cost of purchasing the defective product, so long as he has verifiable evidence in this respect. To succeed in this claim, the victim must present documentary or acceptable evidence like the medical bills, receipts or invoices for the purchase of drugs or other related treatment, and the receipt or invoice for the purchase of the defective product in the first place.
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