Are punitive damages available in defective products cases?
Yes, punitive damages may be available in defective products cases in Washington. Punitive damages are intended to punish and deter wrongdoers from committing a similar act in the future. For a plaintiff to be able to pursue an award of punitive damages, they must prove that the defendant acted with a malicious or reckless disregard for their safety. To prove this, the plaintiff must show that the product manufacturer either had knowledge of a dangerous defect in the product or acted in such a way that indicated a disregard for the safety of consumers. Washington has adopted the Consumer Protection Act of 1973 (CPA) which states that a plaintiff may be able to recover damages if they can show that the product was defective and unreasonably dangerous. Along with compensatory damages, such as medical bills and lost wages, a plaintiff may also receive punitive damages when a defendant acts egregiously. Punitive damages are awarded on an individual basis and the amount of these damages varies depending on the circumstances. In Washington, punitive damages are capped at the greater of $2 million or three times the amount of compensatory damages. In certain cases, the court may also reduce the award if the judge or jury feels that the amount is too high. In conclusion, punitive damages may be available in defective products cases in Washington depending on the facts of the case. These damages may help to punish and deter wrongdoers from committing a similar act in the future.
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