Are punitive damages available in a school bus accident case?

In North Carolina, punitive damages are available in a school bus accident case if a plaintiff can prove that the defendant acted with malice, fraud, or willful or wanton misconduct. Malice is defined as an intentional wrongful act that was done without any legal justification. Fraud is an intentional act to deprive another of his or her rights and privileges by deception. Willful or wanton misconduct is an act that is done with a conscious disregard for the safety of others as a result of a defendant’s conscious disregard of the risk of harm. In a school bus accident case, punitive damages are usually only requested when the act of negligence is particularly egregious. The court will review factors such as the defendant’s disregard for the safety of others, failure to take reasonable safety precautions, or intentional disregarding of applicable safety regulations. Punitive damages are usually considered only in cases involving particularly egregious harm or when a defendant’s actions caused more than just financial damages. In North Carolina, punitive damages are considered a civil remedy and can be requested in addition to any economic or non-economic damages otherwise awarded. However, punitive damages are not always easy to collect. In a school bus accident case, the court must determine that the defendant’s conduct was sufficiently unreasonable to justify an award of punitive damages.

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Are punitive damages available in a school bus accident case?

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