What are punitive damages in South Carolina?
Nancy Salley • October 9, 2017
Punitive damages are damages given or awarded to an injured person that punish an at-fault party for reckless, willful, wanton or malicious actions or inactions. By punishing an at-fault party for such action or inaction, the at-fault party and others are discouraged in acting similarly in the future. Punitive damages are not available for every case, such as cases that involve simple negligence. Punitive damages can be awarded when an at-fault party is negligent per se in violating a statute or when an at-fault party is reckless, willful, wanton/malicious, or grossly negligent in their actions or inactions. To recover punitive damages, the conduct of the at-fault party must be proven by clear and convincing evidence. Common examples of conduct that can lead to punitive damages are drunk driving or texting while driving. Both of these examples are seen by most as reckless, willful, and wanton. Further, both of these examples are violation of South Carolina statutes and thus are negligence per se.
Punitive damages cannot be recovered by a party who has not sustained actual or nominal damages. In other words, a party must sustain some violation of a right that entitles them to damages, actual or nominal, before they have the ability to pursue punitive damages. It is not required that a party sustain an injury to their person to have a right to pursue punitive damages. Instead, punitive damages can be recovered for an injury to the person or to their property. For example, if someone was hit by a drunk driver and only their car was damaged, they can still seek punitive damages against the drunk driver.
S.C. Code Ann. §15-32-530 puts general limitations on the amount of punitive damages that may be recovered from an at-fault party. However, there are also exceptions to these limitations based upon the actions of the at-fault party. If you would like to speak to one of our attorneys about being injured by someone who may have acted recklessly, willfully, wantonly or maliciously, please do not hesitate to Salley Law Firm, P.A. at (803) 356-5000 or toll free at (800) 321-6125.
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