Are punitive damages available in defective products cases?

Yes, punitive damages may be available in defective products cases in New York. Punitive damages are a form of compensation awarded as a means of punishing a defendant for their wrongful conduct. In New York, punitive damages may be awarded when there is clear and convincing proof that the defendant acted with either specific intent to cause harm or recklessness or gross negligence that demonstrated a conscious disregard for the rights or safety of another. In defective products cases, punitive damages may be awarded when a plaintiff can show that the defendant knew that a product was defective, yet still marketed it to the public and failed to take steps to ensure its safety. For example, if a manufacturer distributed a product despite knowing that it could cause harm, a court may decide that punitive damages are appropriate. In New York, punitive damages are generally not intended to be compensatory, meaning they are not awarded in order to make up for the damages caused by the defendant. Instead, they are awarded to punish the defendant and to discourage similar wrongful conduct in the future. Therefore, the amount of punitive damages awarded will depend on the severity of the wrongdoing.

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Are punitive damages available in defective products cases?

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