How To Fight A Punitive Damage Claim In Light Of Maddox

Law360, New York (October 11, 2013, 1:17 PM EDT) -- While compliance with federal government safety standards is not necessarily a defense to negligence in most jurisdictions, compliance with such standards has generally been recognized as sufficient to negate the “malice” or “willful and wonton” behavior necessary to recover punitive damages.[1]

However, on Aug. 30, 2013, the Kentucky Court of Appeals upheld a verdict in favor of a plaintiff, including a $2.5 million punitive damage award, in a product liability action stemming from an allegedly defective seat-belt load limiter in a 2001 Nissan Pathfinder. See Nissan...
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