Can a plaintiff in a defamation case collect punitive damages?

Yes, in certain circumstances, a plaintiff in a defamation case in California can collect punitive damages. Punitive damages are meant to punish the defendant for their wrongful behavior and to make an example of them as a way to deter others from behaving similarly. In order for a plaintiff to collect punitive damages in California, they need to prove that the defendant acted with malice, oppression, or fraud. Malice is when they knew what they were saying was false or they said it without caring if it was true or false. Oppression is when the defendant acted with “despicable conduct” that was “outrageous” and “beyond all bounds of decency.” Fraud is when the defendant knew what they were saying was false and they said it anyway to try and commit a fraud on the plaintiff. Because defamation cases can be so difficult to prove, the court also has to decide whether the plaintiff has suffered “substantial harm” in order to award punitive damages. This means that the court has to decide that the plaintiff has suffered significant harm as a result of the defendant’s actions and that their life or livelihood has been affected by it. If the plaintiff can prove that the defendant acted with malice, oppression, or fraud and that they’ve suffered substantial harm as a result of their actions, then the plaintiff may be awarded punitive damages in California.

Related FAQs

Is a person required to prove actual malice to win a defamation claim?
Does a publisher or website have liability for third-party comments posted to its site?
Is a statement considered defamatory if it is made in a business setting?
How do you respond to a cease and desist letter related to defamation?
Is a person required to sue for defamation in the state where the statement was made?
Does a person have to establish a special standard of malice to win a defamation claim?
Is an employer held liable for defamatory statements made by an independent contractor?
Does defamation law protect celebrities or public figures?
Is there a limit to the amount of punitive damages a person can receive in a defamation suit?
Are websites protected from liability for content published by its users?

Can a plaintiff in a defamation case collect punitive damages?

Related FAQs

Related Blog Posts