North Carolina · statute · N.C. Gen. Stat. ch. 1D · 13 active provisions
Purpose of punitive damages. Punitive damages may be awarded, in an appropriate case and subject to the provisions of this Chapter, to punish a defendant for egregiously wrongful acts and to deter the defendant and others from committing similar wrongful acts. (1995, c. 514, s. 1.)
Definitions. As used in this Chapter: (1) "Claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, seeking recovery of punitive damages. In a claim for relief in which a party seeks recovery of punitive damages related to injury to another person, damage to the propert…
Scope of the Chapter. This Chapter applies to every claim for punitive damages, regardless of whether the claim for relief is based on a statutory or a common-law right of action or based in equity. In an action subject to this Chapter, in whole or in part, the provisions of this Chapter prevail over any other law to t…
Standards for recovery of punitive damages. (a) 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: (1) Fraud. (2) Malice…
Election of extracompensatory remedies. A claimant must elect, prior to judgment, between punitive damages and any other remedy pursuant to another statute that provides for multiple damages. (1995, c. 514, s. 1.)
Limitation of amount of recovery. (a) In all actions seeking an award of punitive damages, the trier of fact shall determine the amount of punitive damages separately from the amount of compensation for all other damages. (b) Punitive damages awarded against a defendant shall not exceed three times the amount of compen…
Driving while impaired; exemption from cap. G.S. 1D-25(b) shall not apply to a claim for punitive damages for injury or harm arising from a defendant's operation of a motor vehicle if the actions of the defendant in operating the motor vehicle would give rise to an offense of driving while impaired under G.S. 20-138.1,…
Injuring energy, water, wastewater, or manufacturing facility; exemption from cap. G.S. 1D-25(b) shall not apply to a claim for punitive damages for injury or harm arising from actions of the defendant that constitute a violation of G.S. 14-150.2(b), 14-150.3(a), 14-159.1(a), (b), or (c), or 62-323(a). (2023-47, s. 1.5…
Bifurcated trial. Upon the motion of a defendant, the issues of liability for compensatory damages and the amount of compensatory damages, if any, shall be tried separately from the issues of liability for punitive damages and the amount of punitive damages, if any. Evidence relating solely to punitive damages shall no…
Punitive damages awards. In determining the amount of punitive damages, if any, to be awarded, the trier of fact: (1) Shall consider the purposes of punitive damages set forth in G.S. 1D-1; and (2) May consider only that evidence that relates to the following: a. The reprehensibility of the defendant's motives and cond…
Jury instructions. In a jury trial, the court shall instruct the jury with regard to subdivisions (1) and (2) of G.S. 1D-35. (1995, c. 514, s. 1.)
Frivolous or malicious actions; attorneys' fees. The court shall award reasonable attorneys' fees, resulting from the defense against the punitive damages claim, against a claimant who files a claim for punitive damages that the claimant knows or should have known to be frivolous or malicious. The court shall award rea…
Judicial review of award. When reviewing the evidence regarding a finding by the trier of fact concerning liability for punitive damages in accordance with G.S. 1D-15(a), or regarding the amount of punitive damages awarded, the trial court shall state in a written opinion its reasons for upholding or disturbing the fin…