Exemplary Damages

Term: Exemplary DamagesDefinition: Damages awarded in addition to actual damages when a defendant's conduct is found to be willful, wanton, or malicious. These damages serve to punish the defendant and deter similar conduct in the future.Phonetic Pronunciation: (eg-ZEM-pluh-ree DAM-ij-iz)Origin: The term "exemplary" derives from the Latin "exemplum," meaning "example" or "model." In legal contexts, it refers to damages that set an example for others. The concept of exemplary damages has roots in English common law, where they were used to address egregious behavior.Significance in Asbestos Context: In asbestos litigation, exemplary damages can be crucial when companies are found to have knowingly exposed individuals to asbestos. These damages not only provide additional compensation to victims but also send a strong message to other corporations about the consequences of negligence or intentional misconduct regarding asbestos safety.Example Sentence: The jury awarded exemplary damages to the plaintiff after it was proven that the company had deliberately concealed the dangers of asbestos exposure to its workers.Related Terms: Punitive Damages, Compensatory Damages, Tort Law, Malice, RecklessnessNotes: - Exemplary damages are often confused with punitive damages, but they serve a similar purpose in deterring harmful conduct. - Not all jurisdictions allow for the award of exemplary damages, and their application can vary widely. - The threshold for proving willful or malicious conduct can be high, making these damages less common but impactful when awarded.