Are punitive damages awarded in construction accident cases?

In the state of Washington, punitive damages are rarely awarded in construction accident cases. Punitive damages are additional amounts of money awarded to a plaintiff in court, intended to punish the defendant for their negligence. Generally, punitive damages are only awarded if the defendant acted in a particularly malicious or reckless manner. In Washington, punitive damages are only available if the defendant’s misconduct was especially malicious or outrageous. To be eligible, the defendant must have knowingly placed the plaintiff in harm’s way or failed to take reasonable steps to prevent harm. In addition, the court must find that compensatory damages are inadequate and that damages must be imposed to deter the defendant from such behavior in the future. In construction accident cases, punitive damages are especially uncommon. Even if the contractor or builder was grossly negligent, it may be difficult to prove that their misconduct was malicious or egregious enough to warrant punitive damages. Other factors, such as foreseeability and causation, must also be established in order for the plaintiff to be awarded punitive damages. Therefore, in most construction accident cases in the state of Washington, punitive damages are not awarded. However, if the defendant’s misconduct is found to be particularly malicious or outrageous, then punitive damages may be awarded to the plaintiff.

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Are punitive damages awarded in construction accident cases?

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