Are punitive damages available in defective products cases?

In Washington, punitive damages are generally available in defective products cases, although the awarding of such damages is at the discretion of the court. Punitive damages, also known as exemplary damages, serve to punish or discourage a defendant from engaging in particularly egregious conduct, such as malicious or intentional misconduct. In defective products cases, punitive damages are typically awarded only if the product was intentionally created to cause harm, or the manufacturer was aware of the potential danger but failed to act on it. In Washington, punitive damages may be awarded if the court finds that the defendant acted with “reckless disregard” for the safety of the consumer. This means that the manufacturer knew or should have known that the product was likely to cause harm and acted in a way that showed disregard for the safety of the consumer. In addition, the plaintiff must be able to show that the harm was the result of the defendant’s conduct, that the harm was substantial, and that the harm was not due to any other reasonable cause. Lastly, courts in Washington have the discretion to reduce or deny punitive damages if the amount is deemed “excessive” or to be used as a “windfall” for the plaintiff. As such, punitive damages awards can vary significantly from case to case.

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Are punitive damages available in defective products cases?

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