District of Columbia Jury Instruction - 2.1 Punitive Damages In General
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FAQ
In Canada, punitive damages are paid to Plaintiffs where the wrongdoer, in addition to causing actual (compensatory) damages, carried on in a way that was callous, highhanded, malicious or vindictive.
Punitive damages are typically awarded in cases that involve criminal acts or intentional torts. The plaintiff must prove by clear and convincing evidence that the defendant acted with a state of mind evidencing malice. Ordinary negligence does not justify the payment of punitive damages.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...
Punitive damages are awarded in less than 5 percent of civil jury verdicts, ing to a 1990 American Bar Foundation study of 25,000 jury verdicts in 11 states over a four-year period.
Punitive damages are awarded when the defendant's conduct is determined to have been so "willful, malicious, or fraudulent" that it exceeds the legal criteria for mere or gross negligence. Punitive damages typically involve awards over and above the compensatory damage award.
Because punitive damages are awarded to punish or deter a defendant, if the person has already been punished, such as being convicted in Criminal Court, it is far less likely that punitive damages will be awarded in Civil Court. In Canada it is rare that the courts punish someone a second time for the same conduct.
Generally, punitive damages are in excess of provable injuries. They are usually only awarded in cases brought under tort law, such as personal injury or medical malpractice cases, rather than those brought because of a contractual dispute.