In most civil cases in Ohio, the goal of a damage award is to cover your losses and put you back in the position you were in before the harm occurred. But some cases involve conduct for which compensation alone does not seem adequate, and punitive damages exist to address that gap.
What the law requires before punitive damages apply
Under Ohio law, you may recover punitive or exemplary damages only after you recover compensatory damages and prove your claim with clear and convincing evidence. You must show that the defendant acted with malice or engaged in serious or intentional fraud. If the defendant is a company, you must also show that a manager or supervisor knew about the conduct and approved it, took part in it or later accepted it.
Where punitive damage claims often arise
Some of the more typical scenarios include:
- Drunk driving crashes where the at-fault driver had prior offenses or an extremely high blood-alcohol level
- Defective product cases where a manufacturer knew about a dangerous flaw and continued selling the product
- Fraud-based claims where a party engaged in deliberate deception that caused financial or physical injuries
Ultimately, these scenarios all demonstrate a conscious disregard for the safety of others that carries a great probability of causing substantial harm.
How Ohio limits and structures these awards
Even when the facts warrant punitive damages, the state places statutory caps on the amount a jury may award. In most cases, punitive damages may not exceed twice the amount of the compensatory award. For individuals and small employers, the limit is the lesser of two times your actual damages or 10% of the defendant’s net worth, up to an absolute maximum of $350,000.
Additionally, state law dictates that upon the request of either party, the court must divide the proceedings into a two-phase trial. During the first phase, the jury considers only whether you are entitled to compensation for your losses. If it rules in your favor, the trial moves to a second stage dedicated solely to evidence regarding the punitive penalty.
