Sunday, February 19, 2012
MBE Fast Fact: Damages in Strict Liability
An issue I've seen tested with increasing frequency is the recoverable damages in a strict liability case. Remember that on the MBE, if you merely suffer economic damages (and no physical injury accompanying those economic damages), recovery for strict liability (including strict products liability) will not be allowed. Rather, if the case is one of strict products liability, and the plaintiff merely suffers economic damages due to the defectively designed or manufactured product, the best move for the plainitff is to sue on a theory of breach of warranty, as breach of warranty allows for recovery for economic damages even if those damages are not accompanied by any physical damages to the plaintiff.