Kentucky Statutes 411.186 – Assessment of punitive damages
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(1) In any civil action where claims for punitive damages are included, the jury or judge if jury trial has been waived, shall determine concurrently with all other issues presented, whether punitive damages may be assessed.
(2) If the trier of fact determines that punitive damages should be awarded, the trier of fact shall then assess the sum of punitive damages. In determining the amount of punitive damages to be assessed, the trier of fact should consider the following factors:
(a) The likelihood at the relevant time that serious harm would arise from the defendant‘s misconduct;
(b) The degree of the defendant’s awareness of that likelihood; (c) The profitability of the misconduct to the defendant;
(d) The duration of the misconduct and any concealment of it by the defendant;
and
(e) Any actions by the defendant to remedy the misconduct once it became known to the defendant.
(3) KRS § 411.184 and this section are applicable to all cases in which punitive damages are sought.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 224, sec. 3, effective July 15, 1988.
(2) If the trier of fact determines that punitive damages should be awarded, the trier of fact shall then assess the sum of punitive damages. In determining the amount of punitive damages to be assessed, the trier of fact should consider the following factors:
Terms Used In Kentucky Statutes 411.186
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) The likelihood at the relevant time that serious harm would arise from the defendant‘s misconduct;
(b) The degree of the defendant’s awareness of that likelihood; (c) The profitability of the misconduct to the defendant;
(d) The duration of the misconduct and any concealment of it by the defendant;
and
(e) Any actions by the defendant to remedy the misconduct once it became known to the defendant.
(3) KRS § 411.184 and this section are applicable to all cases in which punitive damages are sought.
Effective: July 15, 1988
History: Created 1988 Ky. Acts ch. 224, sec. 3, effective July 15, 1988.