N.C. Gen. Stat. § 1D-15
Standards for recovery of punitive damages
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) Punitive damages may be awarded only if the claimant proves that the defendant is liable for compensatory damages and that one of the following aggravating factors was present and was related to the injury for which compensatory damages were awarded: Fraud.
(1) Punitive damages may be awarded only if the claimant proves that the defendant is liable for compensatory damages and that one of the following aggravating factors was present and was related to the injury for which compensatory damages were awarded: Fraud.
(2) Malice.
(2) Malice.
(3) Willful or wanton conduct.
(3) Willful or wanton conduct.
(4) The claimant must prove the existence of an aggravating factor by clear and convincing evidence.
(4) The claimant must prove the existence of an aggravating factor by clear and convincing evidence.
(5) Punitive damages shall not be awarded against a person solely on the basis of vicarious liability for the acts or omissions of another. Punitive damages may be awarded against a person only if that person participated in the conduct constituting the aggravating factor giving rise to the punitive damages, or if, in the case of a corporation, the officers, directors, or managers of the corporation participated in or condoned the conduct constituting the aggravating factor giving rise to punitive damages.
(5) Punitive damages shall not be awarded against a person solely on the basis of vicarious liability for the acts or omissions of another. Punitive damages may be awarded against a person only if that person participated in the conduct constituting the aggravating factor giving rise to the punitive damages, or if, in the case of a corporation, the officers, directors, or managers of the corporation participated in or condoned the conduct constituting the aggravating factor giving rise to punitive damages.
(6) Punitive damages shall not be awarded against a person solely for breach of contract.
(6) Punitive damages shall not be awarded against a person solely for breach of contract.
History
(1995, c. 514, s. 1.)
Legal Periodicals. - For article, "North Carolina's New Punitive Damages Statute: Who's Being Punished, Anyway?," see 74 N.C.L. Rev. 2174 (1996).
For article, "Judicial Boilerplate Language as Torts Decisional Litany: Four Problem Areas in North Carolina," see 18 Campbell L. Rev. 359 (1996).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.