Punitive damages are defined as “damages exceeding simple compensation and awarded to punish the defendant” (Oxford Dictionary). In other words, unlike compensatory damages which are intended to compensate an injured party for their actual losses (e.g., medical bi
Punitive damages are defined as “damages exceeding simple compensation and awarded to punish the defendant” (Oxford Dictionary). In other words, unlike compensatory damages which are intended to compensate an injured party for their actual losses (e.g., medical bills, lost wages, pain and suffering), punitive damages are intended to punish a defendant and to deter future parties from engaging in similar conduct.
A classic example of punitive damages is the case of Liebeck v. McDonald’s, involving a woman who was severely burned by McDonald’s coffee that she spilled in her lap. There, the woman alleged that the coffee was dangerously hot, approximately 30 – 40 degrees hotter than the industry standard for serving coffee. At trial, the woman not only asked for compensatory damages to pay for her medical bills and her pain/suffering, but she also asked for punitive damages to punish McDonald’s and to deter McDonald’s from continuing to serve dangerously hot coffee. At trial, the jury ultimately awarded the woman $2.7 million in punitive damages (approximately two days of McDonald’s daily coffee revenue).
In Missouri, in order to obtain an award of punitive damages, a plaintiff must demonstrate “by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.” RSMo. § 510.261. This standard requires a plaintiff to not only show a defendant was negligent in their actions, but rather that the defendant intentionally caused the harm or simply did not care about what harm their actions may cause others.
Prior to asking a jury to award punitive damages, Missouri plaintiffs must first obtain “leave” from the judge to amend their petition to plead punitive damages. In other words, a judge must first determine whether or not there appears to be evidence sufficient to support a claim for punitive damages, prior to letting the jury decide the issue. It’s important to note, the judge doesn’t decide whether punitive damages will be awarded, only whether a reasonable juror could be clearly convinced that the evidence demonstrates defendant’s reckless indifference for the rights or safety of plaintiff. See Lopez-Vizcaino, 3 S.W.3d 891, 894 (Mo.App. W.D. 1999). If a reasonable juror could find sufficient evidence to support a claim for punitive damages, the judge must permit the plaintiff to submit a claim for punitive damages to the jury.
If you have been injured due to the intentional or reckless acts of another person or entity, it is important to consult an experienced attorney to ensure your claim is properly evaluated and that you are fully compensated for all of your damages – including punitive damages. At the A.W. Smith Law firm, our attorneys have handled numerous claims involving punitive damages and understand how to pursue such claims under Missouri law. As such, if you have a claim in which you believe that punitive damages are warranted, please reach out to our firm for a free, no-obligation case assessment.
lls, lost wages, pain and suffering), punitive damages are intended to punish a defendant and to deter future parties from engaging in similar conduct.
A classic example of punitive damages is the case of Liebeck v. McDonald’s, involving a woman who was severely burned by McDonald’s coffee that she spilled in her lap. There, the woman alleged that the coffee was dangerously hot, approximately 30 – 40 degrees hotter than the industry standard for serving coffee. At trial, the woman not only asked for compensatory damages to pay for her medical bills and her pain/suffering, but she also asked for punitive damages to punish McDonald’s and to deter McDonald’s from continuing to serve dangerously hot coffee. At trial, the jury ultimately awarded the woman $2.7 million in punitive damages (approximately two days of McDonald’s daily coffee revenue).
In Missouri, in order to obtain an award of punitive damages, a plaintiff must demonstrate “by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.” RSMo. § 510.261. This standard requires a plaintiff to not only show a defendant was negligent in their actions, but rather that the defendant intentionally caused the harm or simply did not care about what harm their actions may cause others.
Prior to asking a jury to award punitive damages, Missouri plaintiffs must first obtain “leave” from the judge to amend their petition to plead punitive damages. In other words, a judge must first determine whether or not there appears to be evidence sufficient to support a claim for punitive damages, prior to letting the jury decide the issue. It’s important to note, the judge doesn’t decide whether punitive damages will be awarded, only whether a reasonable juror could be clearly convinced that the evidence demonstrates defendant’s reckless indifference for the rights or safety of plaintiff. See Lopez-Vizcaino, 3 S.W.3d 891, 894 (Mo.App. W.D. 1999). If a reasonable juror could find sufficient evidence to support a claim for punitive damages, the judge must permit the plaintiff to submit a claim for punitive damages to the jury.
If you have been injured due to the intentional or reckless acts of another person or entity, it is important to consult an experienced attorney to ensure your claim is properly evaluated and that you are fully compensated for all of your damages – including punitive damages. At the A.W. Smith Law firm, our attorneys have handled numerous claims involving punitive damages and understand how to pursue such claims under Missouri law. As such, if you have a claim in which you believe that punitive damages are warranted, please reach out to our firm for a free, no-obligation case assessment.
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