Punitive damages may be awarded in a product liability case if the liable party (the product manufacturer, seller, distributor, or another party responsible for the defect) acted with fraud, malice, or oppression.
Malice is despicable conduct done with a willful and conscious disregard of others’ safety or rights. Fraud is intentional misrepresentation, deceit, or concealment of a material fact the defendant knew to intentionally deprive someone of their rights or cause injury. Oppression is despicable conduct subjecting a person to unjust, cruel hardship in conscious disregard of their rights.
Below are a few specific scenarios when punitive damages may be awarded in a product liability case:
- The defendant did not take appropriate action in response to accident reports and consumer complaints;
- The defendant knowingly or intentionally failed to conduct tests to confirm the product’s safety;
- The defendant concealed facts about the product’s danger; or
- The defendant knowingly allowed a dangerous product to enter the marketplace.
