When Are Punitive Damages Possible in Child Injury Claims? - Joseph Gates

From Gates Law Firm PLLC — When Are Punitive Damages Possible in Child Injury Claims? examines when punitive (or “exemplary”) damages may be available in Arkansas child injury cases—and what families must prove to pursue them.

In this podcast, we’ll walk through the two main categories of damages in child injury claims: compensatory damages (such as medical expenses and loss of services) and punitive damages, which are intended to punish egregious misconduct and deter future wrongdoing. We’ll explain how punitive damages differ in purpose and burden of proof.

Then, we dive into how Arkansas law defines when punitive damages can be sought. We’ll unpack the two legal “gateways” under Arkansas Code § 16‑55‑206 (malice or reckless disregard and intentional harm), and how the “clear and convincing” standard elevates the evidentiary threshold. We’ll also explore real‑world scenarios—like a daycare ignoring safety warnings, toy manufacturers disregarding defect risks, drunk driving in school zones, or landlords failing to fix known hazards—where punitive damages might be viable.

Finally, you’ll hear how Gates Law Firm PLLC and attorney Joseph Gates approach these cases. We’ll cover the importance of strong evidence (internal records, safety complaints, eyewitness testimony), the history of punitive damage caps in Arkansas (and how a 2011 court decision struck down earlier limits), and how parents and their legal teams can strategize for the possibility of punitive damages when a child is injured.

Gates Law Firm PLLC

2725 Cantrell Rd # 105, Little Rock, AR 72202, United States

(501) 779-8091

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