How much is my product liability claim worth?
Product liability values bifurcate sharply: single-event consumer cases follow tort-injury norms; mass tort cases run on a matrix. Knowing which category your case falls into is the first valuation question.
Single-event bands
- Minor burns, soft tissue, no surgery: $15,000–$75,000.
- Surgical burns or amputation of digits: $250,000–$1.5M.
- Limb amputation, severe disfigurement: $1M–$5M.
- Catastrophic burns, TBI, wrongful death: $2M–$25M+, often punitive multiplier eligible.
Mass tort matrix economics
Mass tort settlements pay through a tier matrix. Tier 1 (most severe injury, clearest causation) commonly pays $250,000–$1M+ gross. Lower tiers commonly pay $25,000–$100,000 gross. From the gross, plaintiffs pay common-benefit fees (typically 5–10 percent), attorney's fees (33–40 percent), medical liens, and case costs. Net recovery often runs 30–50 percent of gross.
Punitive damages exposure
Product cases support punitives more often than other torts because discovery routinely produces internal documents showing the manufacturer knew of the defect before injury. State caps vary: California permits unlimited but with constitutional review; Texas caps at 2x economic damages plus the greater of $200k or 2x non-economic; Georgia caps at $250k except for product cases (uncapped). The presence of punitive exposure shifts compensatory settlements upward.
What caps the number in single-event cases
- Defendant's available coverage (product liability insurance commonly $1M–$25M per occurrence).
- Solvency of the defendant (small consumer-product makers can be uncollectible).
- State caps on non-economic and punitive damages.
- Comparative negligence allocations in modified comparative-fault states.
Frequently asked questions
Sources
- [1]Consumer Product Safety Commission Injury Data — U.S. Consumer Product Safety Commission
- [2]Multidistrict Litigation — Pending Cases Summary — U.S. Judicial Panel on Multidistrict Litigation
- [3]Restatement (Third) of Torts: Products Liability — Cornell Legal Information Institute