Are punitive damages awarded in construction accident cases?

Punitive damages are damages awarded in some civil lawsuits beyond the damages that are meant to compensate the victim for their losses. In California, punitive damages may be awarded for construction accident cases where the plaintiff can prove that the defendant acted maliciously, in an especially outrageous or egregious way, or intentionally disregarded the safety of the construction site. In order to be awarded punitive damages, the plaintiff must demonstrate that the defendant acted with a conscious disregard for safety and that the safety violation caused the plaintiff’s injuries. The plaintiff must also prove that the defendant’s conduct was outrageous and the defendant had a deliberate intention to harm the plaintiff. It is important to note that punitive damages are not meant to compensate the plaintiff for the harm they suffered but rather to punish and deter the defendant from engaging in similar behavior in the future. These types of damages are capped in California at $250,000 or three times the amount of the compensatory damages awarded to the plaintiff, whichever is higher. In summary, it is possible for punitive damages to be awarded in construction accident cases in California, however, the plaintiff must be able to prove that the defendant’s conduct was particularly outrageous and intentional. The awarded amount of such damages is also capped, however, it can still be quite significant.

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Are punitive damages awarded in construction accident cases?

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