Punitive damages, a form of compensation provided when gross misconduct is involved, are almost extinct mainly because people just don’t know the facts. A recent Wall Street Journal article featured Lanny Davis, a corporate lobbyist. Lanny argued that judges and juries should not be allowed to award punitive damages. His reasoning was that punishing a doctor for a negligent act, even if due to gross misconduct is improper. Lanny argues that the term negligence refers to an unintentional act and punishing entites or people for unintentional acts is wrong. Lanny said this is happening too much.

What Lanny doesn’t understand is that it rarely happens. It doesn’t happen enough. The Bureau if Justice Statistics reported that last year, there were only 6 awards of punitive damages in the entire state court system. Puntive damages were sought in only 13% of 14,000 general civil trials in 2005. Punitive damages were awarded in only 5% of plaintiff winners!

What about the people who were hurt by the Delaware physician who raped 103 children? What about those injured by the Toyotas? Jurors need to know the facts-that punitive damages are certainly warranted in some cases and further, backed by the statistics, are not overused.