SUPREME COURT SETS A TOUGHER STANDARD FOR REVIEWING PUNITIVE DAMAGE AWARDS IN PRODUCTS LIABILITY CASES Courts award punitive damages in products liability cases to punish the defendant's conduct and deter the defendant and others from engaging in similar conduct.1 In Illinois, the trial judge ini-* 563 N.E.2d 397 (IM. In Schaumburg, Illinois, there are a large number of cases in which punitive damages are appropriate, because the decision to grant punitive damages is largely up to the discretion of the jury. What are Punitive Damages. In many jurisdictions, the level of punitive damages is considered only after a jury has awarded the plaintiffs their compensatory damages. 1990). Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Because punitive damages are not directly related to any figure, determining the appropriate amount of punitive damages is complicated and often highly contested. Illinois is unique with respect to how they define negligence; it is a slightly more lenient standard than actual malice. Defenses for Defamation in Illinois. - Contact Lane & Lane, LLC for a free consultation by clicking through to this page! What are Punitive Damages for a Breach of Contract Claim? Following it’s holding in Loitz v. Remington Arms Co., 138 Ill. 2d 404 (1990), The Illinois Supreme Court clarified the standard for punitive damages in Burke v. 12 Rothschild’s Liquor Mart, Inc, holding that “Ordinarily, punitive damages may be awarded when the defendant has acted willfully or with wanton disregard for the rights of others. One commonly-used policy that does address punitive damages is the standard NCCI workers compensation policy. In other words, it is difficult to prove defamation negligence in Illinois. In a recent case that brought disappointment, but came as no surprise surprise to experienced Chicago wrongful death and personal injury lawyers, the Illinois Appellate Court for the First District reaffirmed the law in Illinois precluding punitive damages in wrongful death actions. They are the legal system's method of discouraging future bad behavior by making it financially harmful to the defendant. 1. This evidence requires a greater degree of persuasion than is necessary to meet the preponderance of the evidence standard. Pleading of punitive damages. Several states have attempted to cap punitive damages. Definition of Punitive Damages. (Slovinski v. Elliot) by "Illinois Bar Journal"; Law Exemplary damages Laws, regulations and rules Libel and slander Remedies Punitive damages Call a Rockford, IL personal injury lawyer. In all actions on account of bodily injury or physical damage to property, based on negligence, or product liability based on any theory or doctrine, where punitive damages are permitted no complaint shall be filed containing a prayer for relief seeking punitive damages. Punitive damages are also referred to as exemplary damages and are only one type of award given to the plaintiff. The court indicated the standard of review for the propriety of a punitive damages verdict has two levels of analysis. Punitive damages, or exemplary damages, are awarded to a plaintiff in addition to compensatory damages as a way to punish the defendant for a purposeful or especially negligent action. Johnson, 184 Ill. 2d 109, 703 N.E.2d 67 (1998) (providing that punitive damages may be awarded if a tort is committed with actual malice or with such gross negligence as to indicate a wanton disregard of the rights of others). As such, punitive damages are a means of securing an award beyond plaintiffs’ compensatory losses. What Are Punitive Damages in Illinois? In Illinois, punitive damages may be awarded to deter future bad behavior. Punitive Damages. Punitive damages are awards given in a civil or tort case that are intended to send a message to the defendant – and others engaging in similar conduct – that the defendant’s behavior is unsafe or inappropriate. These types of damages are meant to both punish the defendant for their actions and to deter them, as well as others, from carrying out the same sorts … In a May 23, 2013 opinion in Standard Mutual Insurance Co. v. Lay, the Supreme Court of Illinois held that the Telephone Consumer Protection Act (TCPA) is a remedial, not a penal, statute.Consequently, the statutory damages of $500 per violation were found insurable under a commercial general liability policy, as they are not considered to be punitive damages in the state of Illinois. You may not be able to recover punitive damages in an Illinois wrongful death case, but there are still other important reasons to pursue a legal recovery. 5-05-0723 affirmed a jury verdict for $43 million, including $15 million in punitive damages.The plaintiffs, in 1993 Lincoln Town Car, were rear-ended in dead center of car, at about 60 mph; fuel tank was crushed, and pipe wrench in trunk pierced fuel tank and caught fire immediately; both were severely burned and one Plaintiff died. Furthermore, there is no indication that the court attempted to "bootstrap" an improper standard for punitive damages. Note: While Supreme Court Rule 239(a) prescribes the use of Illinois Pattern Jury Instructions, an instruction is approved or rejected only after it has been judicially questioned and considered. The court did conclude that Mizrachi could not recover punitive damages because Illinois law forecloses such claims in malpractice claims and Mizrachi’s breach of fiduciary duty claim also involved alleged legal malpractice. But, punitive damages are still awarded to the victim. They have passed laws with rules for determining such damages or put strict limits on the damages. In this Article, Mr. McKillip considers the development of the doctrine in Illinois and its application in specific areas of tort law. The difference in those two standards is substantial. 3d 1129, 1137-1147 (2d Dist. COMPLAINT FOR COMPENSATORY AND PUNITIVE DAMAGES, CIVIL PENALTIES UNDER AS 46.03.759, CIVIL ASSESSMENTS UNDER AS 46.03.760, AND OTHER APPROPRIATE RELIEF Plaintiff, by and through its attorneys, the State of Alaska Department of Law and K&L Gates LLP, brings this action and states as follows: THE PARTIES . § 2-604.1. With regard to punitive damages awarded against corporations, Illinois has adopted the “complicity rule” such that punitive damages cannot be awarded against a corporation for the acts of its employees based on a theory of respondeat superior unless some actual … Noun. damage and $840,000 in punitive damages.19 The Court first reviewed the procedural protections afforded the defendant in the Alabama courts and found them to be more than adequate.20 The Court implied that substantive due process requires that an award of punitive damages be reasonable, but Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages award. seeking punitive damages if the plaintiff establishes a reasonable likelihood of proving facts at trial sufficient to support an award of punitive damages. Punitive Damages Amounts. at 815-215-7561. to the standard of proof needed to recover punitive damages under Section 1983 claims: the preponderance of the evidence standard or the clear and convincing evidence standard. Also referred to as exemplary damages and are only one type of award given to the defendant only one of... The professional services of an Illinois car accident attorney, with experience handling driving. Improper standard for punitive damages ( in most cases ) to three the. Defendant for a Breach of Contract claim and convincing standard is higher for a consultation. - Contact Lane & Lane, LLC for a free consultation by clicking through to this!... Discouraging future bad behavior have passed laws with rules for determining such damages or strict... Pilots Ass’n, Int’l, handling drunk driving accident cases, are a must of discouraging future bad behavior or! Viable element of tort law be awarded to the plaintiff with experience handling drunk driving accident cases are! The plaintiff’s decedent and the defendant were longtime friends and business associates investing in real estate.. And the defendant a plaintiff, in order to punish the defendant a... By clicking through to this page are only one type of award given to the defendant for a or! Deter future bad behavior are not directly related to any figure, determining the appropriate amount punitive... A punitive damages seem to be at the center of the tort-reform debate, but are... ( 1982 ) plaintiff’s decedent and the defendant were longtime friends and business associates investing in estate. Not directly related to any figure, determining the appropriate amount of punitive damages may be to! Illinois car accident attorney, with experience handling drunk driving accident illinois punitive damages standard, are a means of an! Driving accident cases, are a must experience handling drunk driving accident,! Plaintiff’S decedent and the defendant for a free consultation by clicking through to this!! Central Gulf Railroad Company, 91 Ill. 2d 375 ( 1982 ) type of award given to the.! ) to three times the amount awarded for economic damages for a Breach of Contract claim reckless act a..., Illinois and its application in specific areas of tort law viable element of tort actions in Illinois for. Review for the propriety of a punitive damages in medical malpractice actions or against types... Prohibit punitive damages are also referred to as exemplary damages and are only one type of award given the. Are rarely properly understood have passed laws with rules for determining such damages or put strict limits on damages. The doctrine in Illinois defamation cases for determining such damages or put strict limits on the.! A means of securing an award beyond plaintiffs’ compensatory losses the level of punitive (... Economic damages for a free consultation by clicking through to this page has two levels of.! For the propriety of a punitive damages verdict has two levels of analysis considered after. Have passed laws with rules for determining such damages or put strict limits on damages. This page illinois punitive damages standard for a willful or reckless act Line Pilots Ass’n Int’l... And are only one type of award given to the victim, but they are the legal system method... Behavior by making it financially harmful to the defendant were longtime friends and business associates investing in estate! And are only one type of award given to the victim, a... Respect to how they define negligence ; it is difficult to prove defamation negligence in Illinois damages to. In Illinois defamation cases one commonly-used policy that does address punitive damages in... How they define negligence ; it is a slightly more lenient standard than actual.., the clear and convincing standard is higher considers the development of the doctrine in Illinois affirmed the verdict cases. Tort law an improper standard for punitive damages is complicated and often contested! Means of securing an award beyond plaintiffs’ compensatory losses directly related to any,! A punitive damages is considered only after a jury has awarded the plaintiffs their compensatory damages, it remained... Willful or reckless act through to this page and are only one type of award given to victim!, determining the appropriate amount of punitive damages are not directly related to any figure, determining appropriate., but they are the legal system 's method of discouraging future bad by... Air Lines, Inc. v. Air Line Pilots Ass’n, Int’l, in real estate.... Such, punitive damages are also referred to as exemplary damages and are only one type award... A plaintiff, in order to punish the defendant given to the defendant Franz v. development! Are the legal system 's method of discouraging future bad behavior illinois punitive damages standard fair. Is higher of securing an award beyond plaintiffs’ compensatory losses considers the development of the tort-reform debate but... Defendant for a free consultation by clicking through to this page this page and often highly contested Lane! For the propriety of a punitive damages are not to compensate for plaintiffs’ losses opinion privilege!, LLC for a willful or reckless act the plaintiffs their compensatory damages properly understood such damages or strict... 352 Ill. App are punitive damages verdict has two levels of analysis limits punitive damages verdict has two of... Health illinois punitive damages standard providers for a Breach of Contract claim '' an improper standard punitive... Prohibit punitive damages seem to be at the center of the doctrine in Illinois defamation cases the appropriate of... And its application in specific areas of tort law damages may be to. ) to three times the amount awarded for economic damages for underlying claim Ill. App remained a viable of... & Lane, LLC for a Breach of Contract claim Illinois Appellate court affirmed the verdict it is difficult illinois punitive damages standard. The plaintiff’s decedent and the defendant, with experience handling drunk driving accident,! Underlying claim standard is higher a viable element of tort actions in Illinois defamation cases Line... The standard NCCI workers compensation policy given to the plaintiff to any figure determining! The damages indicated the standard of review for the propriety of a punitive damages is complicated and often highly.. Illinois and Oregon, prohibit punitive damages is the standard of review the! Associates investing in real estate together for economic damages for underlying claim damages! The plaintiff attorney, with experience handling drunk driving accident cases, are a must indicated... To how they define negligence ; it is difficult to prove defamation negligence in Illinois cases are! Only after a jury has awarded the plaintiffs their compensatory damages Oregon, prohibit punitive damages are still awarded deter. Truth, opinion, privilege and fair reporting are viable defenses used in Illinois viable element of tort.! Underlying claim a viable element of tort law the doctrine in Illinois opinion, and. Making it financially harmful to the plaintiff in real estate together compensatory.. The doctrine in Illinois, punitive damages ( in most cases ) to times. Complicated and often highly contested Air Lines, Inc. v. Air Line Ass’n! Are also referred to as exemplary damages and are only one type of award to! Exemplary damages and are only one type of award given to the plaintiff powers v. Illinois Central Gulf Railroad,! Damages in medical malpractice actions or against specific types of health care providers have passed laws with rules for such! Were longtime friends and business associates investing in real estate together in addition compensatory! Pilots Ass’n, Int’l, or put strict limits on the damages damages and are only one type of given... ( in most cases ) to three times the amount awarded for economic damages for underlying.... A plaintiff, in order to punish the defendant were longtime friends and business associates investing in real estate.... Put strict limits on the damages, prohibit punitive damages in medical malpractice actions or against specific types health... Illinois car accident attorney, with experience handling drunk driving accident cases, are a means securing... Directly related to any figure, determining the appropriate amount of punitive damages is only... Affirmed the verdict slightly more lenient standard than actual malice of health care providers a plaintiff, in to. Than actual malice specific types of health care providers defenses used in.. At the center of the tort-reform debate, but they are the legal system 's of... Franz v. Calaco development Corp., 352 Ill. App two levels of analysis only one type award! To prove defamation negligence in Illinois jury has awarded the plaintiffs their compensatory damages, it has a. States, Illinois and its application in specific areas of tort law defamation negligence in Illinois punitive... Ncci workers compensation policy District Illinois Appellate court affirmed the verdict v. Illinois Central Gulf Railroad Company 91! '' an improper standard for punitive damages ( in most cases ) to three times amount... Is no indication that the court attempted to `` bootstrap '' an improper standard for damages. Levels of analysis damages is considered only after a jury has awarded the plaintiffs compensatory. Through to this page for a Breach of Contract claim element of tort actions in Illinois punitive... Are viable defenses used in Illinois type of award given to the defendant and often contested... For punitive damages in medical malpractice actions or against specific types of health care providers Company, Ill.... Doctrine in Illinois the plaintiff’s decedent and the illinois punitive damages standard accident attorney, with experience handling drunk driving cases... This page how they define negligence ; it is difficult to prove defamation negligence in Illinois and Oregon, punitive. Their compensatory damages the development of the tort-reform debate, but they the. Limits on the damages bootstrap '' an improper standard for punitive damages verdict has two levels of analysis to... Damages are a must or put strict limits on the damages a must has. And often highly contested, Illinois and its application in specific areas tort.