Punitive damages both punish greater than the harm caused and deter other wrongdoers

Evidence

Finally, when the defendant’s conduct was willful, malicious, or fraudulent, courts may award punitive damages as well as compensation for injuries. Punitive damages punish defendants by imposing on them costs greater than the injuries they caused. Punitive damages also warn other potential wrongdoers of the costs of misconduct, possibly deterring such behavior. Because jury imposition of punitive damages can dramatically increase the liability of defendants, punitive damages have become very controversial. — G. Alan Tarr, Judicial Process and Judicial…, 3465

Categorization

  • DEFINE: States the doctrinal trigger (willful, malicious, or fraudulent conduct) and the two functions, punishment and deterrence.