Damages Caps in Product Liability Cases
U.S. Survey
Last Updated: July 25, 2024
Defendants in product liability litigation assess a plaintiff’s potential damages when analyzing claims, determining potential exposure risk, and valuing claims for settlement purposes. Economic damages can usually be gauged through more objective evidence and testimony. However, plaintiffs in product liability personal injury actions usually also seek noneconomic damages to compensate them for alleged nonpecuniary losses. Such nonpecuniary losses may include pain, suffering, emotional distress, and loss of enjoyment of life, which rely on more subjective evidence and may be valued by juries and factfinders in a variety of ways. Additionally, plaintiffs often seek punitive or exemplary damages, which are intended to punish the defendant and provide a deterrence effect.
Some states have enacted statutory damages caps for noneconomic damages, punitive damages, or both. Damages caps limit the maximum amount of noneconomic and/or punitive damages recoverable in a lawsuit to a set dollar amount or ratio. States implement caps for public policy reasons, for example a desire to provide an outer limit on excessive verdicts against defendants that may have a negative impact on the overall economy.
To find the noneconomic and punitive damages caps that may be applicable in a jurisdiction of interest, simply click on the state in the interactive map below. Please note that the research contained in this map is limited to damage caps that would apply in personal injury, product liability litigation. States that may have a cap applicable in this context may not have a cap applicable to other types of cases. Conversely, damages caps that exist in some states may not apply to product liability, personal injury claims and are not included here.
The firm is thankful for the contributions made by summer associates in the Fort Wayne office in 2022-24 for their contributions in conducting this research and helping to create and update this tool.
Content is Not Legal Advice: The information offered in this marketing piece does not constitute legal advice. The specific advice of legal counsel is recommended before acting on any matter discussed herein.
Map Legend
| NO DAMAGES CAP | NON-ECONOMIC DAMAGES CAP | PUNITIVE DAMAGES CAP | BOTH NON-ECONOMIC AND PUNITIVE DAMAGES CAPS |
Select A State
Alabama
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. Alabama Supreme Court held that caps violate the state constitution’s right to trial by jury. Moore v. Mobile Infirmary Ass’n, 592 So.2d 156 (Ala. 1991). | The cap is the greater of $1.5 million or 3x compensatory damages. Ala. Code § 6-11-21 (1975). Upheld by Merchants FoodService v. Rice, 286 So.3d 681 (Ala. 2019). |
Alaska
| Noneconomic Damages Cap | Punitive Damages Cap |
| The cap is the greater of $400,000 or life expectancy x $8,000. However, for damages awarded for severe permanent physical impairment, the cap is the greater of $1 million or life expectancy x $25,000. Alaska Stat. Ann. § 09.17.010; upheld by Evans ex rel. Kutch v. State, 56 P.3d 1046 (Alaska 2002). | The cap is the greater of $500,000 or 3x compensatory. Alaska Stat. Ann. § 09.17.020(f). However, if fact finder determined that the conduct was motivated by financial gain and the adverse consequences were actually known by the defendant or person responsible for the decision, then the cap is the greatest of 4x compensatory damages, 4x the aggregate amount of financial gain the defendant received or $7 million. Id. at § 09.17.020(g). |
Arizona
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. Arizona constitution expressly bars caps. Art. II, § 31. | There is no cap. However, punitive damages are not allowed in product liability cases except for claims involving kickbacks, misrepresentations and violations of FDA rules. Ariz. Rev. State. Ann. § 12-689. |
Arkansas
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. Arkansas Constitution bars cap. Art. V, § 32. | There is no cap. Arkansas Constitution bars caps. Art. 5, § 32; Bayer CropScience v. Schafer, 385 S.W.3d 822 (Ark. 2011). |
California
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice. Cal. Civ. Code § 3333.2. | There is no cap specified in punitive damages law. Cal. Civ. Code § 3294. |
Colorado
| Noneconomic Damages Cap | Punitive Damages Cap |
| The 2024 cap is approximately $729,790 but the court may increase the cap to $1,459,600 if it finds justification upon clear and convincing evidence. These monetary values are updated every two years for inflation, and the next update will occur on January 1, 2026. Colo. Rev. Stat. Ann. § 13-21-102.5 There is no cap for permanent physical impairment. Upheld by Scholz v. Metro. Pathologists, P.C., 851 P.2d 901 (Colo. 1993). | Punitive damages cannot exceed actual damages. Colo. Rev. Stat. Ann. § 13-21-102. Prejudgment interest is added to base award. Vickery v. Evans, 266 P.3d 390 (Colo. 2011) (en banc). |
Connecticut
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice. See Conn. Gen. Stat. Ann. § 52-228c. | The cap is 2x compensatory damages. Conn. Gen. Stat. Ann. § 52-240b. |
Delaware
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. | There is no cap. However, caselaw describes a limitation on imposing punitive damages in product liability cases. Greenlee v. Imperial Homes Corp., 1994 WL 465556, at *9 (Del. Super. Ct. July 19, 1994) (“[I]n a products liability context, the imposition of punitive damage claims are limited to the persistent distribution of an inherently dangerous product with knowledge of its injury causing effect among the consuming public.”). |
Florida
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. Prior cap was struck down as unconstitutional. Smith v. Dep’t of Ins., 507 So. 2d 1080 (Fla. 1987). | The cap is the greater of 3x compensatory or $500,000. However, if the conduct was motivated solely by unreasonable financial gain and the unreasonably dangerous nature of the conduct and high likelihood of injury was actually known by the defendant, then the cap is the greater of $2 million or 4x compensatory. Fla. Stat. Ann. § 768.73. |
Georgia
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. Medical malpractice cap struck down as unconstitutional. Atlanta Oculoplastic Surgery, P.C. v. Nestlehutt, 691 S.E.2d 218 (Ga. 2010). | There is no cap. Product liability claims are excluded from cap on punitive damages. Ga. Code Ann. § 51-12-5.1(e). |
Hawaii
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. Haw. Rev. Stat. Ann. § 663-8.7; id. at § 663-10.9(2). | There is no cap. However, punitive damages must be “reasonable.” Jury Instr. 8.12. |
Idaho
| Noneconomic Damages Cap | Punitive Damages Cap |
| The 2023 cap is approximately $458,728, but pegged to inflation and updates annually on July 1. Idaho Code Ann. § 6-1603. Upheld by Kirkland v. Blaine Cnty. Med. Ctr., 4 P.3d 1115 (Idaho 2000). | The cap is the greater of $250,000 or 3x compensatory. Idaho Code Ann. § 6-1604. |
Illinois
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. The previous cap law was struck down as unconstitutional. Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997). | There is no cap. See Townsend v. Sears, Roebuck & Co., 879 N.E.2d 893 (Ill. 2007). |
Indiana
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. There are only caps for medical malpractice and government torts. | The cap is the greater of 3x compensatory or $50,000. Ind. Code Ann. § 34-51-3-4. Upheld by State v. Doe, 987 N.E.2d 1066 (Ind. 2013). |
Iowa
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. | There is no product liability cap. See Iowa Code Ann. § 668A.1 |
Kansas
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. A previous cap applicable to personal injury actions was struck down as unconstitutional. Hilburn v. Enterpipe Ltd., 442 P.3d 509 (Kan. 2019). | The cap is the lesser of: (1) defendant’s annual gross income (determined by highest gross annual income earned for any one of the five years immediately before the act; or (2) $5 million. Kan. Stat. Ann. § 60-3701(e). However, if the court finds that the profitability of the defendant’s misconduct exceeds or is expected to exceed the limitations listed in (e), the cap becomes equal to 1.5x the financial gain or expected financial gain. Id. at § 60-3701(f). |
Kentucky
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. Kentucky Constitution expressly bars caps. Ky. Const. § 54. | No cap. Prior cap was struck down as unconstitutional. Williams v. Wilson, 972 S.W.2d 260 (1997). |
Louisiana
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. The cap only applies to wrongful death actions. La. Stat. Ann. § 40:1231.2; Oliver v. Magnolia Clinic, 85 So. 3d 39 (2012). | Punitive damages are not allowed in product liability cases. La. Stat. Ann. § 3:3546. |
Maine
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. The cap only applies to wrongful death cases. Me. Rev. Stat. tit. 18-C, § 2-80. | There is no cap. The cap only applies to wrongful death cases. Me. Rev. Stat. tit. 18-C, § 2-807. |
Maryland
| Noneconomic Damages Cap | Punitive Damages Cap |
| The cap is approximately $890,000 as of June 2024. Damages were capped at $500,000 in 1995, and the cap increases by $15,000 annually. Md. Code Ann., Cts. & Jud. Proc. § 11-108. Upheld by Dixon v. Ford Motor Co., 70 A.3d 328 (Md. Ct. App. 2013). | There is no cap specified in punitive damages law. Md. Code Ann., Cts. & Jud. Proc. § 10-913. |
Massachusetts
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. The cap only applies to health providers. Mass. Gen. Laws Ann. ch. 231, § 60H. | Punitive damages must be more than 2x but less than 3x compensatory damages for breach of warranty or intentional misrepresentation claims. Mass. Gen. Laws Ann. ch. 93A, § 11; Cambridge Plating Co., Inc. v. Napco, Inc., 85 F.3d 752 (1996). |
Michigan
| Noneconomic Damages Cap | Punitive Damages Cap |
| The cap is approximately $569,9000 as of 2024. The cap is increased to approximately $1,016,000 if the defect caused death or loss of vital bodily function. There is no cap if the plaintiff was grossly negligent or had actual knowledge or willful disregard of the defect. The caps are adjusted for inflation annually. Mich. Comp. Laws Ann. § 600.2946a. Kenkel v. Stanley Works, 665 N.W.2d 490 (Ct. App. 2003). | There are no punitive damages allowed. Compensatory “exemplary” damages are permitted. The standard for exemplary damages focuses on humiliation, outrage and indignity to the injured party. Gregory v. Cincinnati Inc., 538 N.W.2d 325 (1995). |
Minnesota
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. The cap statute was repealed. | There is no cap specified in punitive damages law. Minn. Stat. Ann. § 549.191 |
Mississippi
| Noneconomic Damages Cap | Punitive Damages Cap |
| Constitutionality of cap is in dispute. Cap of $1 million held unconstitutional by lower court. Tanner v. Eagle Oil & Gas Co., 2012 WL 7748580 (Miss Cir. Ct. Oct. 22, 2012). Cap upheld by 5th Circuit. Miss. Supreme Court declined to substantively answer certified question due to missing facts in record. Sears, Roebuck & Co. v. Learmonth, 95 So. 3d 633 (2012). | The cap can be up to $20 million and is based on the defendant’s net worth. Miss. Code. Ann. § 11-1-65. |
Missouri
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. Caps are unconstitutional. Watts v. Lester E. Cox Med. Ctrs., 376 S.W.3d 633 (2012). | The cap is the greater of $500,000 or 5x the net judgment. Mo. Ann. Stat. § 510.265. |
Montana
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice cases. Mont. Code Ann. § 25-9-411. | The cap is the lesser of $10 million or 3% of the defendant’s net worth (does not apply in class action lawsuits). Mont. Code Ann. § 27-1-220. |
Nebraska
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice cases. Neb. Rev. Stat. Ann. § 44-2825. | There are no punitive damages allowed. Miller v. Kingsley, 230 N.W.2d 472 (1975). |
Nevada
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice cases. Nev. Rev. Stat. Ann. § 41A.035. | There is no cap. Product liability cases are exempt from caps. Nev. Rev. Stat. Ann. § 42.005. |
New Hampshire
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. Prior cap was struck down as unconstitutional. Brannigan v. Usitalo, 587 A.2d 1232 (1991). | There are no punitive damages allowed except by statute. N.H. Rev. Stat. Ann. § 507:16. No statute authorizes punitive damages for product liability cases. |
New Jersey
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. | The cap is the greater of $350,000 or 5x the compensatory damages. N.J. Stat. Ann. § 2A:15-5.14. |
New Mexico
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice cases. N.M. Stat. Ann. § 41-5-6. | There is no cap. NMRA, Civ. UJI 13-1827, N.M. Stat. Ann. § 44-7A-22. |
New York
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. | There is no cap. |
North Carolina
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice cases. N.C. Gen. Stat. Ann. § 90-21.19. | The cap is the greater of $250,000 or 3x the compensatory damages. N.C. Gen. Stat. Ann. § 1D-25. |
North Dakota
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice. N.D. Cent. Code Ann. § 32-42-02. | The cap is the greater of $250,000 or 2x the compensatory damages. N.D. Cent. Code Ann. § 32-03.2-11. |
Ohio
| Noneconomic Damages Cap | Punitive Damages Cap |
| The cap is the greater of $250,000 or 3x economic damages, but not exceeding $350,000 per plaintiff or $500,000 per occurrence. § 2315.18; upheld by Arbino v. Johnson & Johnson, 880 N.E.2d 420 (Ohio 2007). | The cap is 2x the compensatory damages unless the defendant is a small employer or individual then the cap is the lesser of 2x the compensatory damages or 10% of their net worth up to a limit of $350,000. Ohio Rev. Code Ann. § 2315.21. |
Oklahoma
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. The cap was set at $350,000 but held unconstitutional. Beason v. I.E. Miller Services, Inc., 441 P.3d 1107 (Okla. 2019). |
Punitive damages are capped according to three categories.
|
Oregon
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. A previous cap of $500,000 was held unconstitutional for causes of action that were available at common law, including personal injury. Busch v. McInnis Waste Sys., 468 P.3d 419 (Or. 2020); Lakin v. Senco Prods., Inc., 987 P.2d 463 (Or. 1999). | There is no cap. Or. Rev. Stat. Ann. § 31.730. However, this statute does not apply in federal court. Pruett v. Erickson Air-Crane Co., 183 F.R.D. 248 (D. Or. 1998). |
Pennsylvania
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. The Pennsylvania Constitution expressly bars caps. Art. III, § 18. | There is no cap specified in punitive damages law. Pa. R. C. P. No. 4003.7. |
Puerto Rico
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. The cap only applies to medical malpractice. P.R. Laws Ann. tit. 32, § 3077. | There is no cap. |
Rhode Island
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. | There is no explicit cap, but punitive damages must not be “excessive.” DeLeo v. Anthony A. Nunes, Inc., 546 A.2d 1344 (R.I. 1988). |
South Carolina
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice cases. S.C. Code Ann. § 15-32-220. | The cap is the greater of $500,000 or 3x times compensatory damages. Greater of 4x compensatory or $2 million available under aggravated circumstances. No cap under very aggravated circumstances. Inflation-adjusted. S.C. Code Ann. § 15-32-530. |
South Dakota
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice and rodeo cases. SDCL § 21-3-11, 13. | There is no cap specified in punitive law. SDCL § 21-1-4.1. |
Tennessee
| Noneconomic Damages Cap | Punitive Damages Cap |
| The cap is $750,000 or $1 million if injuries are catastrophic. Tenn. Code Ann. § 29-39-102; McClay v. Airport Mgt. Services, LLC, 596 S.W.3d 686 (Tenn. 2020). | The cap (greater of $500,000 or 2x compensatory damages) found in Tenn. Code Ann. § 29-39-104 was held was held unconstitutional. Lindenberg v. Jackson National Life Insurance Co., 912 F. 3d 348 (6th Cir. 2018). |
Texas
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice and wrongful death cases. Tex. Civ. Prac. & Rem. Code § 74.301(a). | The cap is $750,000. The cap for punitive damages is the greater of $200,000 or 2x the amount of economic damages PLUS the amount equal to noneconomic damages up to $750,000. But the max is $750,000. Tex. Civ. Prac. & Rem. Code Ann. § 41.008. |
Utah
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice cases. Utah Code Ann. § 78B-3-410. | Punitive damages are presumably excessive if they are more than 3x compensatory damages. Hall v. Wal-Mart Stores, Inc., 959 P.2d 109 (Utah 1998). Additionally, the first $50,000 is awarded to the injured party and any excess is split amongst the injured party and the state. Utah Code Ann. § 78B-8-201(3)(a). |
Vermont
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. | There is no cap. |
Virginia
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap applicable to product liability cases. The cap only applies to medical malpractice cases. Va. Code Ann. § 8.01-581.15. | The cap is $350,000. Va. Code Ann. § 8.01-38.1. |
Washington
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. A prior cap was held unconstitutional. Sofie v. Fibreboard Corp., 771 P.2d 771 (Wash. 1989). | No punitive damages are allowed without legislative permission. Dailey v. N. Coast Life Ins. Co., 919 P.2d 589 (Wash. 1996). |
Washington DC
| Noneconomic Damages Cap | Punitive Damages Cap |
| No cap. | No cap, but the defendant is entitled to remitter if punitive damages imposed are excessive or disproportionate to the offense. Daka, Inc. v. Breiner, 711 A.2d 86 (D.C.1998). |
West Virginia
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice cases. W.Va. Code Ann. § 55-7B-8. | The cap is the greater of $500,000 or 4x compensatory. W. Va. Code Ann. § 55-7-29. |
Wisconsin
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap for product liability. The cap only applies to medical malpractice cases. Wis. Stat. Ann. § 893.55. | The cap is the greater of $200,000 or 2x compensatory. Wis. Stat. Ann. § 895.043. |
Wyoming
| Noneconomic Damages Cap | Punitive Damages Cap |
| There is no cap. Caps are barred by the Wyoming Constitution. Art. 10, § 4. | There is no cap. However, punitive damages must adhere to a “reasonable” limit standard. Farmers Ins. Exch. v. Shirley, 958 P.2d 1040 (Wyo. 1998). |
Contacts
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Eldin Hasic
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