TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 8 P23

Gale Encyclopedia of American Law Volume 8 P23 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 208 PUNITIVE DAMAGES Sending a Messace or a Plaintiff s Windfall Punitive damages are a controversial issue in tort and product liability law. Injured plaintiffs and their attorneys often seek punitive damages from companies that have made allegedly defective or unsafe products and have known about the defects or safety problems. Plaintiffs view punitive damages as a way of sending a message to the manufacturer and to business in general that it is financially unwise to cut corners or ignore safety concerns. In contrast defendants in these actions contend that punitive damages are unfair unpredictable and often excessive. In their view the plaintiff receives a financial windfall unrelated to the actual damages in the lawsuit. Proponents of punitive damages believe that this type of award serves a number of important societal functions including retribution deterrence compensation and law enforcement. Supporters of punitive damages contend that one function for such an award is to provide retribution to the victim of the defendant s reckless or wanton conduct. When a person is injured by the wanton misconduct of another the plaintiff has the right to express her outrage by extracting a judicial fine from the wrongdoer. Seeking retribution allows the plaintiff to punish an intentional lawbreaker in much the same way as the criminal justice system punishes him. Proponents believe that the most important function that punitive damages serve is that of deterrence. As in criminal law the predominant purpose of punitive damages is to prevent similar misconduct in the future. Because the law does not catch and punish all persons who wantonly violate the rights of others supporters argue that punitive damages help deter misconduct by publicizing and at times sensationalizing the punishment of those persons found guilty of egregious misconduct. Punitive damages tell manufacturers and other businesses that financial penalties will follow if companies sell products known to be

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