Are punitive damages available in a Paraquat lawsuit?

Yes, punitive damages may be available in a Paraquat lawsuit in California. Punitive damages are awarded to punish a wrongdoer for particularly egregious conduct and to deter similar future behavior. Individuals who have been injured by Paraquat may be able to receive punitive damages if it can be proven that the company that manufactured or sold the Paraquat did so with willful negligence or with malicious intention. For example, if the manufacturing company had prior knowledge that Paraquat was harmful and deliberately continued to sell it, such an act could be considered extreme or malicious. In order for a plaintiff to receive punitive damages, they must have suffered specific injuries related to the use of Paraquat, and the defendant must have acted maliciously, fraudulently, recklessly, and/or with intended malice. Punitive damages are awarded over and above any compensatory damages that are also awarded. In California, punitive damages may be as high as three times the value of the compensatory damages, or $150,000, whichever is greater. However, a plaintiff must meet a high burden of proof when seeking punitive damages. If a plaintiff is able to meet this burden, they may be awarded punitive damages in a Paraquat lawsuit.

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