Damages in Product Liability

Question 1

Damages in Products Liability

Answer 1

Property damage is recoverable under negligence and
strict liability in tort, but not under breach of warranty in some jurisdictions unless there
was accompanying personal injury.
Intangible economic harm is not recoverable under negligence or strict liability in tort
theory, unless the intangible economic harm is combined with personal or property
injury. Intangible economic harm is recoverable by a direct purchaser who is suing for
breach of warranty, including consequential damages and lost profits. However,
intangible economic harm is not recoverable by a remote purchaser or a non-purchaser
suing for breach of warranty.