Are punitive damages awarded in construction accident cases?
In Arkansas, punitive damages may be awarded in construction accident cases, but only in limited circumstances. Punitive damages are intended to punish the wrongdoer and deter future bad behavior by setting an example. In Arkansas, punitive damages can only be awarded when a defendant’s conduct is especially egregious or represents a pattern of intentional misconduct. Examples of conduct that could warrant punitive damages in a construction accident case could include acts of extreme recklessness or intentional misconduct such as knowingly disregarding safety precautions and putting workers at risk. Punitive damages are not awarded in all construction accident cases, however. In Arkansas, punitive damages are generally only available when the defendant’s conduct was intentional or showed a reckless disregard for the safety of others. Even if a defendant’s conduct meets the criteria for punitive damages, the court will consider whether or not the plaintiff was partially at fault for the accident. If the plaintiff is found to be partially or wholly responsible for the accident, they will most likely not be eligible to receive punitive damages. In conclusion, punitive damages may be awarded in construction accident cases in Arkansas, but only in rare circumstances and when the defendant’s conduct was especially egregious or intentional. It is important for those involved in construction accidents to understand the law and seek assistance from a qualified attorney in order to pursue the full range of damages available.
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