Punitive damages are awarded by courts to punish a defendant when their “actions amount to willful or wanton negligence, or recklessness, or where there is ‘a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.’” They differ from special and general damages.
What Punitive Damages Are in Layman’s Terms
A court awards punitive damages to punish the defendant for actions so bad that they show a disregard for the rights of another person. They are different from special (economic) and general (non-economic) damages that intend to make the plaintiff whole. Economic and non-economic damages include things like medical bills, lost wages, and pain and suffering.
What This Means for You
Punitive damages, on the other hand, don’t compensate you for a specific loss. Instead, they are designed to punish a defendant whose conduct goes far beyond ordinary negligence. When someone in New York City acts with recklessness, intentional harm, or a conscious disregard for human life, the court may choose to award punitive damages to send a clear message: this behavior will not be tolerated.
While these damages are very rare, they may be available, depending on the specifics of your case.
Examples of Situations That May Warrant Punitive Damages
Below, we’ll detail a few situations in which the plaintiff could receive punitive damages.
A Truck Company Falsifies Trucking Logs
A trucking company forces its drivers to exceed federal hours-of-service limits and intentionally alters logbooks. A fatigued driver causes a major crash on the Cross Bronx Expressway. A jury could view the company’s conduct as willful and dangerous enough to justify punitive damages.
Midtown Building Owner Ignores Repeated Safety Warnings
A Manhattan building owner receives multiple citations for a failing façade but refuses to make repairs. When debris falls and injures pedestrians, the owner’s knowing disregard for public safety may support punitive damages.
Rideshare Driver on Flatbush Avenue Drives into Oncoming Traffic
In a fit of road rage, a rideshare driver intentionally swerves into the wrong lane on Flatbush Avenue, injuring passengers. Because the act is intentional, punitive damages may be appropriate.
Queens Contractor Disables Fall-Protection Systems
A contractor at a Long Island City site disables safety equipment to speed up work. A worker suffers a catastrophic fall. Deliberately removing safety protections may justify punitive damages for reckless disregard of worker safety.
