Idaho Complaint regarding Strict Product Liability - Breach of Expressed Warranty, Implied Warranty, Merchantability, Negligence, Punitive Damages - Delta Wood
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FAQ
The Standard for Punitive Damages In California, a court can award punitive damages when the plaintiff can demonstrate by clear and convincing evidence that the defendant has committed oppression, fraud or malice. Malice is conduct that willfully ignores the safety and rights of users.
Product Liability ? Punitive Damages In most cases, juries and courts award punitive damages after finding that a manufacturer knew their product was dangerous, failed to recall the product, or even continued to market and sell the product, hiding evidence of its threat to public safety.
Products Liability is generally considered a strict liability offense. With regard to products liability, a defendant is liable when the plaintiff proves that the product is defective, regardless of the defendant's intent.
Strict liability claims can also recover punitive damages if the court finds the defendant's conduct to be especially outrageous. Punitive damages are meant to punish the defendant's conduct by making them pay additional damages on top of economic and non-economic damages.
If the manufacturer makes promises that the product doesn't meet, that's a breach of an express warranty, constituting express liability. Even if there is no promise made regarding the effectiveness or durability of the product, you, as a consumer, have the right to expect the products you purchase to work.
When a jury determines that a defendant has acted with oppression, fraud, or malice, they may decide that an award of punitive damages is appropriate.
The product must have been sold or leased; The plaintiff must have used the product in a foreseeable way; The product must be defective; and. The victim must have been hurt because of the product's defective nature.
There are three types of product defects that incur liability in manufacturers and suppliers: Design Defects. Design defects are inherent, as they exist before the product is manufactured. ... Manufacturing Defects. Manufacturing defects occur during the construction or production of the item. ... Defects in marketing.