Are punitive damages awarded in construction accident cases?

In Florida, punitive damages may be awarded in construction accident cases. In legal terms, punitive damages are awarded to punish an offending party and are in addition to any compensatory damages, which are meant to compensate victims for their injuries or losses. Florida courts generally follow the rule of “free for all” when it comes to awarding punitive damages, meaning that punitive damages are allowed if the defendant’s conduct is proven to be “grossly negligent, malicious, or oppressive.” While proving malicious or oppressive conduct can be difficult, Florida courts have found gross negligence when a company fails to provide safety training to its employees, fails to comply with applicable safety regulations, or fails to maintain its equipment properly. If a court finds that the defendant’s conduct was grossly negligent then the court will consider the nature of the offending conduct, the extent of the harm suffered by the plaintiff, and the financial resources of the defendant when determining the appropriate amount of punitive damages to award. Punitive damages can be significant - they are usually much higher than compensatory damages - in order to serve as a deterrent to similar bad conduct in the future. It is important to note that punitive damages are not guaranteed in all construction accident cases in Florida. In determining whether punitive damages are appropriate, the court will examine the facts of the case and determine whether the defendant’s conduct was, in fact, grossly negligent.

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Are punitive damages awarded in construction accident cases?

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