Keeping a Punitive Damages Claim In Front of a Jury in a Products Liability Case
October 31, 2024
By: Taylor A. Sandella, Associate
In the November 2024 issue of Trialmagazine (subscription required), Kreindler attorney Taylor Sandella’s article, “Keep Punitive Damages on the Table,” provides guidance to plaintiffs’ attorneys in high-stakes products liability cases.
From the article: Generally, to prove that your client is entitled to punitive damages, you must demonstrate that a defendant’s conduct was reckless, willful, wanton, fraudulent, oppressive or malicious. A strict products liability case attempts to hold a defendant liable for injuries, regardless of the defendant’s intentions or state of mind. As such, you will have to put in extra legwork to support your client’s punitive damages claim.
You need to prove only one mental state to keep a punitive damages claim alive long enough to get it to the jury.
The key to keeping punitive damages on the table is to examine each word in the various standards for punitive damages in isolation.
Taylor Sandella joined Kreindler in 2023 following her role as a Judicial Law Clerk at the Superior Court of New Jersey. She holds a J.D. from Brooklyn Law School, where she earned the Prince Merit Scholarship and the Gold Public Service Award. Taylor brings a wealth of experience, including drafting legal briefs, conducting research, and representing veterans in the Veteran Advocacy Project Clinic. Her commitment to public service and strong legal acumen make her a valuable addition to Kreindler.
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You need to prove only one mental state to keep a punitive damages claim alive long enough to get it to the jury.