Hawaii Jury Instruction - 2.1 Punitive Damages In General
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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 ... Standard Jury Instruction in Civil Cases 503.1 - The Florida Bar floridabar.org ? 503.1-11-19-21.rtf floridabar.org ? 503.1-11-19-21.rtf
Punitive damages are only awarded in cases where the defendant's actions were particularly egregious, such as when they showed a reckless disregard for the safety of others.
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. 5.5 Punitive Damages | Model Jury Instructions - Ninth Circuit uscourts.gov ? jury-instructions ? node uscourts.gov ? jury-instructions ? node
Punitive damages are also called ?exemplary damages,? which are damages assessed in the legal process to punish a defendant for negligence. The defendant is usually a company or other large entity. Examples would medical malpractice cases or product liability cases.
Under existing law, a defendant against whom punitive damages already have been awarded is free to place such evidence before a jury, and a jury can decide whether further punitive damages are warranted.
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 ...