Punitive damages are awarded too often and are too high, resulting in a plaintiff s lottery tort system.
Punitive damages are very rare, and when awarded they are small.
The likelihood of a punitive damage award varied with the kind of tort alleged. Damage awards are escalating out of control. The amounts awarded to plaintiffs for economic, non-economic, and punitive damages are decreasing dramatically. Juries are awarding smaller amounts to winning plaintiffs, particularly in automobile tort cases. This study shows the need to educate the public, and therefore potential jurors, of the valuable deterrent effect of punitive damages on dangerous and harmful products and conduct.