Also known as: punitive damage · exemplary damages
Written by attorneys · grounded in primary & secondary sources — see below
Damages other than compensatory or nominal damages awarded against a person to punish outrageous conduct and to deter the defendant and others from similar conduct in the future. The award requires conduct that is outrageous because of the defendant's evil motive or reckless indifference to the rights of others. Courts consider the character of the act, the nature and extent of the harm caused or intended, and the defendant's wealth when setting the amount.
Pulse Media terminated its distribution agreement with Parker Phillips after Phillips refused to accept reduced royalties. Phillips sued for breach of contract and sought punitive damages on the ground that the termination was abrupt and financially devastating. The court denied the punitive claim because the conduct amounted only to a breach of contract and did not constitute an independent tort.
Pioneer Energy instructed its crew to continue drilling despite repeated warnings that the well pressure had reached dangerous levels. The well blew out and injured nearby residents. The jury awarded punitive damages after finding that the company's decision reflected reckless indifference to the safety of others.
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A jury awarded Pearl Porter $10,000 in compensatory damages and $2 million in punitive damages against Prism Analytics for misrepresenting the safety features of its software. On appeal the court examined the reprehensibility of the conduct, the ratio of punitive to compensatory damages, and the penalties authorized in comparable cases before reducing the punitive award.
Peak Performance repeatedly parked heavy equipment on a shared access easement in violation of the recorded servitude. Neighboring owners sued to enforce the servitude and requested punitive damages in addition to injunctive relief. The court considered the nature of the servitude and the defendant's knowing conduct when deciding whether punitive damages were an appropriate remedy.
Paul Peterson called off his engagement to Paige Porter two weeks before the wedding after learning that her family business had failed. Porter sued for breach of promise to marry and presented evidence that Peterson had deliberately concealed his change of heart to extract financial concessions. The court permitted a claim for punitive damages because the tort aspect of the action allowed recovery when the defendant acted maliciously.
Pilar Pena discovered that her landlord had deliberately cut off heat during a winter storm to force her to vacate. Pena sued in tort and sought punitive damages. The court explained that any award would serve to punish the landlord for outrageous conduct and to deter similar actions by the landlord and others in the future.
Punitive damages are not recoverable for a breach of contract unless the conduct constituting the breach is also a tort for which punitive damages are recoverable.
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Punitive damages may be awarded for conduct that is outrageous because of the defendant's evil motive or reckless indifference to the rights of others.
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Due process requires consideration of the reprehensibility of the defendant's conduct, the ratio between actual or potential harm and the punitive award, and the difference between the punitive award and civil or criminal penalties authorized in comparable cases.
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A servitude may be enforced by any appropriate remedy, which may include punitive damages when the nature of the servitude, the conduct of the parties, and the fairness of enforcement support that choice.
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Where the action is retained, recognition of its tort aspect means that punitive damages may be awarded if the defendant acted maliciously.
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…news stories relating to some of the described events or by any other means. Alabama law denies a public officer recovery of punitive damages in a libel action brought on account of a publication concerning his official conduct unless he first makes a written demand for a public retraction and the defendant fails or refuses to…