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16-55-208. Limitations on the amount of punitive damages.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-55-208. Limitations on the amount of punitive damages.
(a) Except as provided in subsection (b) of this section, a punitive damages award for each plaintiff shall not be more than the greater of the following:
(1) Two hundred fifty thousand dollars ($250,000); or
(2) Three (3) times the amount of compensatory damages awarded in the action, not to exceed one million dollars ($1,000,000).
(b) Subsection (a) of this section shall not apply when the finder of fact:
(1) Determines by clear and convincing evidence that, at the time of the injury, the defendant intentionally pursued a course of conduct for the purpose of causing injury or damage; and
(2) Determines that the defendant's conduct did, in fact, harm the plaintiff.
(c) As to the punitive damages limitations established in subsection (a) of this section, the fixed sums of two hundred fifty thousand dollars ($250,000) set forth in subdivision (a)(1) of this section and one million dollars ($1,000,000) set forth in subdivision (a)(2) of this section shall be adjusted as of January 1, 2006, and at three-year intervals thereafter, in accordance with the Consumer Price Index rate for the previous year as determined by the Administrative Office of the Courts.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-55-208
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-55-208
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 726673f0f45a57667376ad942aa71160d1946241606fef54bb635ededff3c94b
Source location: content.xml paragraph 19691
Stored source content
16-55-208. Limitations on the amount of punitive damages.
(a) Except as provided in subsection (b) of this section, a punitive damages award for each plaintiff shall not be more than the greater of the following:
(1) Two hundred fifty thousand dollars ($250,000); or
(2) Three (3) times the amount of compensatory damages awarded in the action, not to exceed one million dollars ($1,000,000).
(b) Subsection (a) of this section shall not apply when the finder of fact:
(1) Determines by clear and convincing evidence that, at the time of the injury, the defendant intentionally pursued a course of conduct for the purpose of causing injury or damage; and
(2) Determines that the defendant's conduct did, in fact, harm the plaintiff.
(c) As to the punitive damages limitations established in subsection (a) of this section, the fixed sums of two hundred fifty thousand dollars ($250,000) set forth in subdivision (a)(1) of this section and one million dollars ($1,000,000) set forth in subdivision (a)(2) of this section shall be adjusted as of January 1, 2006, and at three-year intervals thereafter, in accordance with the Consumer Price Index rate for the previous year as determined by the Administrative Office of the Courts.
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