- ALABAMA
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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.
- ALASKA
- Clear and convincing evidence of outrageous or reckless indifference.
Caps: Three times compensatory damages or $500,000. - ARIZONA
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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.
- ARKANSAS
- Standard is whether the amount of the award “shocks the conscience” of the court.
- CALIFORNIA
- Must be proven by clear and convincing evidence of oppression, fraud, or malice.
- COLORADO
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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.
No punitive damages against municipalities.
- CONNECTICUT
- Allowed in specified circumstances only.
- DELAWARE
- Allowed where act is malicious, willful, or wanton.
- DISTRICT OF COLUMBIA
- Not allowed.
- FLORIDA
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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.
- 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.
Caps: None - IDAHO
- Only where wanton or outrageous conduct, fraud, malice, or gross negligence.
Caps: None - ILLINOIS
- Plaintiff must show reasonable likelihood of proving facts at trial of willful or wanton standard. No punitive damages unless actual damages recovered.
Caps: None - INDIANA
- 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.
- IOWA
- Clear and convincing evidence that defendant acted with willful or wanton conduct.
Caps: None - 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 - 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.
- 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: Three times compensatory damages if damages exceed $100,000 or, if compensatory damages are less, no more than $300,000 but does not apply in products cases. Numerous other statutory limitations apply. - NEW HAMPSHIRE
- Permitted for malice, wanton or willful indignity in causing injury, willful trespass and conversion
- NEW JERSEY
- Common law rules apply.
- NEW MEXICO
- In contract of tort where wrongdoer has culpable mental state and conduct rises to willful, wanton, malicious, reckless, oppressive, or fraudulent level.
- 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. - NORTH DAKOTA
- 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.
Cap: 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. Amounts vary depending upon conduct of defendant.
Caps: Depends on outcome of claim. - 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. - 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.
- SOUTH DAKOTA
- Court must first hold hearing and find by clear and convincing evidence that there has been willful, wanton or malicious conduct.
Caps: None - TENNESSEE
- Clear and convincing evidence of intentional, fraudulent, reckless, or malicious conduct must be presented by plaintiff.
Caps: None - 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.
Caps: None