Claiming Punitive Damages
Under certain circumstances, it may be appropriate to seek “punitive damages” from a defendant in a lawsuit. Such damages are intended to punish the defendant beyond making him/her/it pay for damages that compensate for various losses.
Reckless Driving Examples
For example, in a truck accident case, if a truck driver causing an accident drives at an excessive speed and weaves in and out of traffic, such behavior may rise to reckless conduct, rather than simple negligence. In such a case, punitive damages may be appropriate.
Thankfully, such conduct is rather rare. Most personal injury lawsuits do not involve reckless or intentional conduct and punitive damages.
Ohio Law on Punitive Damages
Ohio Revised Code 2315.21 establishes that a court should bifurcate or split a trial involving punitive damages into two stages. The jury should first hear issues of liability and compensatory damages. Then, if appropriate, the issue of punitive damages is addressed.
The potential for jury confusion was a primary rationale for the court’s decision.
The Ohio Supreme Court in Havel v. Villa St. Joseph confirmed that this code section offers a substantive right to litigants and is constitutional. The potential for jury confusion was a primary rationale for the court’s decision.
