Annex

Alaska

Actual damage, nominal

Deterrence and

okay

warning

Outrageous, meaning mali-

Allows attorney’s fees as

Policy: not favoured,

cious or with bad motives,

additional damage to pre-

given only under narrow

or in reckless disregard

vailing party at trial court’s

limits; Clear and convincing

discretion

evidence

Prerequisite

Purpose

Intent

Amount

Misc

Colorado

Actual damage need not

Punishment and

Malice (express or implied),

Amount must be reason-

Expressly provided by

be proven; An award of

deterrence

insult, or a wanton and

ably proportioned to actual

statute; Reviewed if grossly

special damages alone will

reckless disregard for rights

damage

and manifestly excessive

support an award of

and feelings

PDs

Connecticut

Compensate P, not

Malicious or wanton, or at

Actual litigation cost minus

punish D

least reckless disregard of

taxable costs

the consequences

that D knew or should

have known, express/

implied

Delaware

Punishment and

Wanton or malicious,

Amount must be reason-

deterrence

including ill will, hatred,

ably proportioned to actual

spite or conscious desire

damage; Wealth may be

to injure

considered

Florida

Actual damage must be

Punishment and

Fraud, actual malice, delib-

Reasonable relationship to

Court decides as a matter

alleged but not proven

deterrence

erate violence, oppression,

actual damage, but within

of law whether there is a

or wanton disregard of

jury’s discretion dependent

sufficient basis for PDs

rights through wilful acts or

on circumstances of case

based upon pleadings;

gross negligence

and degree of intent

Tort reform: dam-

ages exceeding three times

compensatory damages

are deemed excessive and

subject to remittitur unless P

shows by clear and convinc-

ing evidence that award is

not excessive

Prerequisite

Purpose

Intent

Amount

Misc

Georgia

Actual damage, nominal

Deterrence or com-

Aggravating circumstances

No limits in products li-

Reviewed if evidence of

okay

pensation for P for

evidencing wanton and

ability; 75% of award to

gross mistake or undue

wounded feelings,

wilful misconduct, fraud,

state; Cap of $ 250,000 with

bias; Clear and convincing

but not both

malice, oppression or a

exceptions

evidence

conscious disregard

Hawaii

Actual damage; Not al-

Punishment and

Wilful and wanton acts,

No cap – degree of

lowed when actual damage

deterrence

oppressive, malice that in-

malice, oppression, gross

is nominal and to vindicate

dicates reckless indifference

negligence is basis for

a legal right

to consequences of his acts

measuring; Wealth may be

considered

Idaho

Expressly declined to

Punishment and

Wanton, malicious or gross

Tort reform: cap at

Policy to award PDs cau-

adopt rule that PDs

deterrence

misconduct, or implied

$ 250,000 or 3 times com-

tiously and within limits

may never be awarded

malice/oppression

pensatory damages

if no actual

damage

Illinois

Actual damage required

Retribution and

Wilful wanton, malicious or

Tort reform: three times

Civil Justice Reform

deterrence

oppressive conduct

economic damage

Amendments of 1995:

requires evil motive or reck-

less indifference; Bifurcates

trials; Requires court to

reduce awards in excess of

the caps

Prerequisite

Purpose

Intent

Amount

Misc

Michigan

Actual damage must be

Compensation of

Humiliation, sense of out-

No award if injury is purely

Not disturbed if award has

shown first

injury

rage, and indignity, shame,

monetarily compensable;

some rational basis and is

mental anxiety resulting

D’s state of mind is part of

not oppressive or shocks

from injuries maliciously,

actual damage so injury is

the conscience of reason-

wilfully and wantonly in-

greater if higher state of

able men

flicted, oppressive, grossly

intent; Wealth irrelevant

negligent, or in reckless

disregard

Minnesota

For personal injury, not

Punishment and

Conduct that is malicious

Wealth may be considered

Recoverable even if crimi-

damage to property (has

deterrence

(actual/implied), wilful, or

nal charges for same act;

started to change); State is

in deliberate disregard

Jury has discretion to set

authorised to collect PDs

amount, court will rarely

from Ds in actions against

overturn unless excessive;

its property; Actual dam-

Clear and convincing evi-

age must be shown (not in

dence; For joint tortfeasors,

defamation)

separate PDs awards are

possible; Corporations and

public officers may be liable

if conduct is so malicious

as to be beyond the scope

of their authority and take

away protection of sover-

eign immunity

Mississippi

Actual damage must be

Punishment and

Unlawful, malicious, wan-

Jury discretion; Wealth may

Not reviewable unless pas-

shown

deterrence

ton and reckless conduct,

be considered

sion and prejudice; Clear

gross negligence equiva-

and convincing evidence

lent to wilful and wanton

mischief

Prerequisite

Purpose

Intent

Amount

Misc

Missouri

Actual damage must

Punishment and

Actual or implied malice

Reasonable relationship to

Court has a history of reduc-

be proven, even if only

deterrence

injury but not compensa-

ing jury awards on its own

nominal

tory damages – degree of

readings of the trial record

malice, wealth, surrounding

circumstances

Montana

Actual damage must be al-

Punishment and

Malicious, wanton, or op-

Reasonable amount based

Bifurcated trials; Court may

leged, but not determined

deterrence

pressive acts which indicate

on aggravating circum-

adjust if necessary; Clear

a reckless disregard for P’s

stances and wealth; For

and convincing evidence

rights

medical malpractice,

capped at $ 250,000

Nebraska

No PDs allowed

For worker’s compensation,

If criminal prosecution is

allowed a 50% increase in

available, would be double

payments when payments

jeopardy to award PDs

are delinquent

against D, but not allowed

even without criminal

prosecution

Nevada

Actual damage required

Punishment and

Oppression, fraud, or mal-

Limits – exact numbers

Bifurcated trials; Clear and

deterrence

ice (express/implied)

unavailable; Award should

convincing evidence

serve public interest with-

out financially destroying

D, whose wealth can be

considered

New

No PDs allowed

If D acts wantonly, mali-

Hampshire

unless expressly

ciously, or oppressively,

provided by

compensatory damages may

statute

reflect aggravating circum-

stances; Measured by D’s

state of mind

Prerequisite

Purpose

Intent

Amount

Misc

Rhode Island

Punishment and

Conduct that is malicious,

Jury’s discretion, wealth

Reviewed if amount is

deterrence

wilful, reckless, or in bad

may be considered

clearly excessive or shows

faith

prejudice/passion of the jury

South Carolina

Actual damage must be

Punishment and

Conduct that is wanton,

Consider character of tort,

Reviewed if damages

shown; Nominal damage

vindication of

wilful, or malicious

mitigating factors, and abil-

violate due process rights

okay

private rights

ity to pay

and are excessive; Post-trial

hearing normally required to

assess award

South Dakota

Not for contract actions;

Punishment and deMalice (express/implied), or

Mitigating and aggravat-

Reviewed if shows jury’s

Actual damage must be

terrence; Only by

in wilful reckless disregard

ing factors; Wealth may be

passion/prejudice

shown

express statutory

of consequences

considered

authorisation

Tennessee

Actual damage must be

Punishment and

Conduct that is aggravated,

Determined by trial court

Appeals for abuse of discre-

found

deterrence

wilful or malicious, or is a

considering mental state of

tion; Clear and convincing

wanton and reckless disre-

D; May consider wealth

evidence

gard of P’s rights;

Must be intentional,

fraudulent, malicious, or

reckless

Texas

Not for contract actions or

Punishment serving

Wilful, malicious, or

Jury discretion, $ 200,000

Clear and convincing evi-

statutory violations; Actual

good of society

fraudulent conduct

or 2 times economic dam-

dence; Bifurcated trial upon

damage must be shown;

ages plus an amount equal

motion; Allowed for claims

No nominal damage

to any non-economic dam-

of injury to feelings, loss of

ages up to $ 75,000; Wealth

business, mental suffering,

may not be considered

and others usually deemed

too remote for a claim of

actual damage

Summary of Punitive Damages Law by State in the U.S.

Prerequisite

Purpose

Intent

Amount

Misc

Wyoming

Punishment and

Malicious, wilful or wanton

protection of

conduct

society

District of

Allowed without showing

Punishment,

Fraud, oppression, reckless-

Limited to P’s litigation

Columbia

of actual damage

deterrence and

ness, wilful disregard

expenses

compensation for

legal expenses

Puerto Rico

No PDs allowed

P must show significant

“Moral damages” awarded

psychic impairment of

for mental anguish

health, welfare and hap-

piness