Alaska Jury Instruction - 2.1 Punitive Damages In General
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FAQ
When a jury determines that a defendant has acted with oppression, fraud, or malice, they may decide that an award of punitive damages is appropriate.
15 That figure edges up to 60% if the three states that prohibit punitive damages, (Michigan, Nebraska, and Washington) are discounted from the equation.
A person who suffers an ascertainable loss of money or property as a result of another person's act or practice declared unlawful by AS 45.50. 471 may bring a civil action to recover for each unlawful act or practice three times the actual damages or $500, whichever is greater.
The amount of punitive damages is left up to a jury or judge's discretion, though many states cap the amount of punitive damages that can be awarded. Alaska law states that these damages may not exceed the greater of either three times the amount of the compensatory damages that were awarded or $500,000.
2d 861 (Alaska 1984). Since punitive damages are a remedy and not an independent cause of action, punitive damages may be awarded only if the plaintiff prevails on one or more causes of action.
Punitive damages are warranted against (defendant) if you find by clear and convincing evidence that (managing agent, primary owner, or other person whose conduct may warrant punitive damages without proof of a superior's fault) [was] [were] personally guilty of [intentional misconduct] [or] [gross negligence], which ...