Are punitive damages available in defective products cases?

Yes, punitive damages may be available in defective products cases in Indiana. Punitive damages, also known as exemplary damages, are a type of civil damages meant to punish a wrongdoer and deter similar behavior in the future. In a defective products case, punitive damages may be available if the responsible party acted with intentional wrongdoing or malice. In Indiana, punitive damages can only be recovered if the plaintiff proves by a preponderance of the evidence that the defendant’s actions warrant punishment or that the defendant knowingly violated an Indiana statute. In Indiana, there is a two-step process for awarding punitive damages. The plaintiff must first prove the existence of a valid claim, and then, they must prove that the defendant’s actions were malicious or carried out with reckless disregard for the safety of the consumer. If the plaintiff is successful in both of these steps, the court may award punitive damages. The amount awarded is solely up to the court and is not typically predetermined. Punitive damages are typically higher than the actual damages incurred and are awarded in addition to compensatory damages. In Indiana, punitive damages are not awarded often, but they can be a meaningful tool for deterring wrongdoers from engaging in similar poor behavior in the future.

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Are punitive damages available in defective products cases?

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