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Punitive Damages

ALABAMA

Clear and convincing evidence of deliberate or conscious malice.

Caps:
The greater of three times compensatory damages or $500,000 in civil actions.  (Does not apply to Wrongful Death, intentional torts, or class actions).  Personal injury cases, however, are capped at three times compensatory damages or $1,500,000, whichever is greater.

For business with net worth of $2 million or less, no award of punitive damages shall exceed $50,000 or 10% of business’s net worth, whichever is greater. In civil actions for physical injury, no award of punitive damages shall exceed three times compensatory damages or $1.5 million, whichever is greater. Recovery of damages against governmental entity limited to $100,000 for bodily injury or death per person, to $300,000 aggregate on account of bodily injury or death arising out of any single occurrence, and to $100,000 for damage to property arising out of any single occurrence. Punitive damages may not be recovered in libel actions unless publication was made with knowledge of falsity or with reckless disregard as to falsity and written demand for retraction made at least five days before bringing suit and defendant shall have refused to retreat.

ALASKA

Clear and convincing evidence of outrageous or reckless indifference.

Caps:
Three times compensatory damages or $500,000. However, other rules may apply depending on specific situations. 

ARIZONA

Never against public entity or employee.

Permitted if plaintiff proves that defendant was guided by an evil mind; spiteful motives; outrageous, oppressive, or intolerable conduct that creates substantial risk of tremendous harm to others.

ARKANSAS

Standard is whether the amount of the award “shocks the conscience” of the court. Plaintiff bears burden of proving defendant is liable of compensatory damages with clear and convincing evidence.

Caps:
Generally, punitive damages shall not be more than greater of $250,000 or three times amount of compensatory damages exceeding  $1,000,000. Limits adjusted for inflation at 3-year intervals beginning in 2006. Contingent on proof of recklessness or intentional malice.

CALIFORNIA

Must be proven by clear and convincing evidence of oppression, fraud, or malice. Employer not liable for employee’s acts except in specified circumstances.

COLORADO

May be awarded in circumstances of fraud, malice, or willful or wanton conduct.  Requires proof beyond a reasonable doubt and may not ordinarily exceed compensatory damages. Court may increase to three times compensatory damages in certain situations. May also be awarded by for wrongful death attended by services of fraud, malice or willful and wanton conduct except in medical malpractice cases.
No punitive damages against municipalities.

CONNECTICUT

Allowed in specified circumstances only. Person prosecuting civil action without probable cause liable for double damages (3x if prosecuted with malicious intent). Double damages may allowed for forgery and intentionally throwing down fences and gateways.

DELAWARE

Allowed where act is malicious, willful, or wanton.

Caps:
No mandated limit.

DISTRICT OF COLUMBIA

Not allowed.

FLORIDA

Plaintiff must first demonstrate a reasonable basis for recovery of punitive damages.  Then, plaintiff must prove intentional conduct or gross negligence by clear and convincing proof.  

Caps:

Three times compensatory damages or $500,000 unless plaintiff demonstrates to court by clear and convincing evidence that a greater award is not excessive. If factfinder determines defendant had specific intent to harm claimant no cap on punitive damages.

If factfinder determines conduct motivated solely by unreasonable financial gain and that unreasonably dangerous nature of conduct, together with high likelihood of resulting injury, were actually known by managing agent, director, officer, or other person responsible for making policy decisions on behalf of defendant, award of punitive damages may not exceed greater of four times amount of compensatory damages awarded to each claimant or $2,000,000.

Double actual damages recoverable from individual or company leaving unenclosed pit or hole.

GEORGIA

Plaintiff must present clear and convincing evidence of malicious intent or willful or wanton conduct.

Caps:
No caps for product liability cases, where there is malicious intent, or involving conduct influenced by drugs or alcohol.  Other torts caped at $250,000, but this limitation can be ignored if there is specific intent to cause harm.  In products liability cases, 75% of punitive damage award is paid to the State.

HAWAII

Recoverable if clear and convincing proof is provided.
Caps: None

IDAHO

Only where wanton or outrageous conduct, fraud, malice, or gross negligence.

Caps:
Punitive damages limited to $250,000 or amount 3 times of compensatory damages.

ILLINOIS

Plaintiff must show reasonable likelihood of proving facts at trial of willful or wanton standard.  No punitive damages unless actual damages recovered. Certain statutes prohibit award of exemplary damages.

Caps:
3 times economic damages but declared unconstitutional.

INDIANA

Not recoverable in an action brought under the wrongful death statute. Clear and convincing evidence of malice. fraud, gross negligence, or oppressiveness. Many specific rules and limitations apply and must be consulted in any case where the possibility of such damages is present.

Caps:

May not be greater than 3 times the amount of compensatory damages awarded in the action or $50,000 (whichever is greater) – any higher award must be reduced by the court. Punitive damages are paid to the clerk of the court who then pays 25% of the award to the plaintiff and 75% to the state’s violent crime victim’s compensation board.

IOWA

Clear and convincing evidence that defendant acted with willful or wanton conduct.

Common law generally prevails as to compensatory damage. Multiple or exemplary damages are permitted by statute for waste or malicious or wanton injury to property; for certain deceits by attorneys;for certain violations by rail carriers; for mailicious attachment; for libel and slander; and under common law where malice, recklessness, fraud or gross negligence are proven.

KANSAS

Clear and convincing evidence of willful or wanton conduct must be presented.  Numerous rules apply to amount of punitive damages which may be awarded.  For medical malpractice, specific rules apply to amount permitted and half of punitive damages collected are to be paid to health care stabilization fund.
Caps: None

KENTUCKY

Clear and convincing evidence must be presented to indicate that defendant acted with malice, oppression, or fraud.  Amounts in various circumstances governed by numerous specific statues.
Caps: None

LOUISIANA

Limited to specific situations governed by statute.  Wanton or reckless conduct involving driving while intoxicated, criminal sexual activity with victims 17 or younger, and the sale or distribution of illegal drugs.

MAINE

Allowed if defendant acts with actual malice.
Caps: None
Prayer must be for damages reasonable in premises.

MARYLAND

Allowed in non-intentional tort actions only upon clear and convincing proof of malice. No municipal liability for punitive damages.

MASSACHUSETTS

Allowed in certain circumstances, however, numerous statutory rules apply to punitive damage awards.

MICHIGAN

Permitted without limitation.

MINNESOTA

Follows common law rules.

Caps:
No limitation for punitive damages but are only allowed if defendant proven to have deliberate disregard to safety. Award subject to judicial review.

MISSISSIPPI

Plaintiff must present clear and convincing evidence that defendant acted with actual malice, or gross negligence which evidences willful, wanton or reckless disregard for safety of others, or committed actual fraud.

Caps:
Court determines if award granted and amount. Damages limited based on defendant's net worth.

MISSOURI

Allowed where injuries are negligently caused and the negligence is of such aggravated form or attended by such circumstances as to be wanton or reckless in character.  
Caps: None

MONTANA

Plaintiff must present clear and convincing evidence. Reasonable punitive damages can be awarded where defendant is found guilty of actual fraud or actual malice, including wanton disregard.

Caps:
$10 million, or 3% of defendant’s net worth – except in class actions.

NEBRASKA

Generally not allowed.

NEVADA

Clear and convincing evidence must be presented to prove that defendant is guilty of oppression, fraud, or malice, express or implied.

Caps:
Plaintiff may recover punitive damages not to exceed three times compensatory damages, if such damages equal or exceed $100,000 or not to exceed $300,000 if such damages are less than $100,000. This cap on punitive damages does not apply to actions for defective product, bad faith actions against insurer and other various actions.

NEW HAMPSHIRE

Permitted for malice, wanton or willful indignity in causing injury, willful trespass and conversion.

Caps:
$875,000

NEW JERSEY

Common law rules apply.

Caps:
$350,000 limit on punitive damages. or 5 times compensatory damages, whichever is greater.

NEW MEXICO

In contract of tort where wrongdoer has culpable mental state and conduct rises to willful, wanton, malicious, reckless, oppressive, or fraudulent level. Punitive damages cannot be recovered from estate of deceased tortfeasor.

NEW YORK

Punitive damages may be awarded in cases of actual malice, or such wanton or reckless action as to infer malice or in personal injury actions based on negligence if such negligence amounts to flagrant misconduct.  Separate trial held on the issue after a finding of liability and compensatory damages.  Defendant’s assets are placed in issue.

NORTH CAROLINA

May be awarded in discretion of jury where defendant is liable for compensatory damages and aggravating factor of fraud, malice, or willful, wanton conduct is present.  

Cap:
Three times compensatory damages or $250,000, whichever is greater.

NORTH DAKOTA

Exemplary damages may be allowed in following cases: For breach of obligation not arising on contract where defendant has been guilty of oppression, fraud or actual malice. Clear and convincing evidence necessary.

Caps:
Two times compensatory damages or $250,000.

OHIO

Plaintiff’s injury must have been caused by particularly gross, egregious, or malicious conduct.  Not awarded in product liability claim unless proof by clear and convincing evidence of flagrant disregard for safety of others.

Caps:
Two times the amount of compensatory damages. No cap, however, if defendant acted willfully and with knowledge.

OKLAHOMA

Clear and convincing evidence that conduct of defendant was malicious and intentional. 

Caps:
Amounts vary depending upon conduct of defendant. Awards fall into three categories based on jury decision: (1) $100,000 if jury finds by clear and convincing evidence that defendant’s conduct evinced reckless disregard for rights of another.  (2) Conduct of defendant was malicious and intentional, punitive damages are limited to greater of: (a) Twice amount of actual damages awarded (b) $500,000 or (c) economic benefit derived by defendant under conduct. (3) Court finds evidence beyond reasonable doubt that defendant acted intentionally and with malice and engaged in conduct life-threatening to humans.

OREGON

Plaintiff must present clear and convincing evidence of malice or reckless and outrageous indifference to highly unreasonable risk of harm and conscious indifference to health, safety, and welfare of others.  Specific exceptions and regulations exist.

Caps:
None, unless physician is found acting in scope of duties without malice.

PENNSYLVANIA

In claim for punitive damages, wealth of defendant discoverable only by court order.

RHODE ISLAND

Punitive damages may be awarded in torts involving malice, wantonness, or willfulness, false imprisonment, assault, libel, or slander.

SOUTH CAROLINA

Plaintiff must present clear and convincing evidence of malice or reckless and outrageous indifference to highly unreasonable risk of harm and conscious indifference to health, safety, and welfare of others.  Specific exceptions and regulations exist. In the case of misappropriation, wrongful disclosure, or wrongful use of trade secrets exemplary damages not exceeding twice actual damages may be awarded where there is willful, wanton or reckless disregard of plaintiff's rights.

SOUTH DAKOTA

Where defendant has been guilty of oppression, fraud, or malice, actual or presumed, or for wrongful injury to animals, committed intentionally or by willful and wanton misconduct, in disregard of humanity, in addition to actual damages jury may award damages for sake of example and as punishment. In claim alleging punitive damages, before discovery may be commenced and before submitted to factfinder, court must hold hearing and find, by clear and convincing evidence, reasonable basis that there has been willful, wanton or malicious conduct. 

Caps:
Total general damages in medical malpractice actions limited to $500,000. Previous cap declared unconstitutional, but amended statute has not been tested.

TENNESSEE

Clear and convincing evidence of intentional, fraudulent, reckless, or malicious conduct must be presented by plaintiff.

TEXAS

Must establish liability for damages by clear and convincing evidence.

Caps:
Two times the amount of economic damages, plus amount equal to any non-economic damages found by jury not to exceed $750,000 or in the alternative, $200,000 total exemplary damages.

U.S. VIRGIN ISLANDS

None

UTAH

Follows common law rules.

VERMONT

Allowed where malicious act or neglect proved.

VIRGINIA

Rule: Allowed.

Caps:
$350,000

WASHINGTON

Not allowed except where provided by statute.

WEST VIRGINIA

Allowed where injury is inflicted intentionally or with malice, willfulness or wanton disregard of plaintiff’s rights.

WISCONSIN

In cases of malice or intentional disregard for plaintiff’s rights.  Clear and convincing for negligence cases.  Punitive damages not available where no award of actual damages.

WYOMING

Willful and wanton conduct.  Plaintiff must first prove actual damages.