Are punitive damages available in defective products cases?

Yes, punitive damages are available in defective products cases in New York. Punitive damages are meant to punish a wrongdoer for particularly egregious conduct, and to deter others from engaging in similar conduct. To recover punitive damages, a plaintiff must prove that the defendant was guilty of willful, wanton, or reckless conduct. In defective products cases, punitive damages may be awarded if a plaintiff can demonstrate that the defendant knew of or ignored the product’s dangerous condition and still sold it to the public. This type of conduct is considered to be especially negligent and reprehensible, and punitive damages may be awarded as punishment and to deter other companies from similar conduct. In New York, the law states that punitive damages should not be excessive in comparison with the actual damages and should be consistent with the conduct at issue. The defendant can also try to limit the award of punitive damages by introducing proof of their financial condition. The amount of punitive damages can vary greatly from case to case and will depend on the severity of the misconduct or negligence.

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Are punitive damages available in defective products cases?

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