New Jersey Statutes
N.J. Stat. § 2A:15-5.12 (2026)
Award of punitive damages; determination
✓ current as of May 2026
4. a. Punitive damages may be awarded to the plaintiff only if the plaintiff proves, by clear and convincing evidence, that the harm suffered was the result of the defendant's acts or omissions, and such acts or omissions were actuated by actual malice or accompanied by a wanton and willful disregard of persons who foreseeably might be harmed by those acts or omissions. This burden of proof may not be satisfied by proof of any degree of negligence including gross negligence.
b. In determining whether punitive damages are to be awarded, the trier of fact shall consider all relevant evidence, including but not limited to, the following:
(1) The likelihood, at the relevant time, that serious harm would arise from the defendant's conduct;
(2) The defendant's awareness of reckless disregard of the likelihood that the serious harm at issue would arise from the defendant's conduct;
(3) The conduct of the defendant upon learning that its initial conduct would likely cause harm; and
(4) The duration of the conduct or any concealment of it by the defendant.
c. If the trier of fact determines that punitive damages should be awarded, the trier of fact shall then determine the amount of those damages. In making that determination, the trier of fact shall consider all relevant evidence, including, but not limited to, the following:
(1) All relevant evidence relating to the factors set forth in subsection b. of this section;
(2) The profitability of the misconduct to the defendant;
(3) When the misconduct was terminated; and
(4) The financial condition of the defendant.
Notes of Decisions
Cited in 114
cases (53 in the last 5 years), 1997–2026 · leading case: Hammons, P. v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. Ct. 2018).
Hammons, P. v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. Ct. 2018). “N.J. Stat. § 2A:15-5.12(a). Wanton and willful disregard is "a deliberate act or omission with knowledge of a high degree of probability of harm to another and reckless indifference to the consequences of such act or omission.”
Ilda Aguas v. State of New Jersey (072467), 107 A.3d 1250 (N.J. 2015). “12(c), if the trier of fact determines that an award is appropriate in an LAD case against a public sector employer, it sets the amount of that award by considering all relevant evidence relating to the factors set forth in N.J.S.A. 2A:15-5.12(b), “the profitability of the…”
Lithuanian Com. Corp. v. Sara Lee Hosiery, 219 F. Supp. 2d 600 (D.N.J. 2002). “Punitive Damages Sara Lee argues that it is entitled to judgment as a matter of law on LCC’s claim for punitive damages because LCC has failed to present clear and convincing evidence of actual malice or wanton and willful disregard of LCC’s interests, or to prove the elements…”
Carlino, S. v. Ethicon, Inc., 208 A.3d 92 (Pa. Super. Ct. 2019). “N.J. Stat. § 2A:15-5.12(a). Wanton and willful disregard is "a deliberate act or omission with knowledge of a high degree of probability of harm to another and reckless indifference to the consequences of such act or omission.”
Ben-Joseph v. Mt. Airy Auto Transporters, LLC, 529 F. Supp. 2d 604 (D. Md. 2008). “” 7 N.J.S.A. 2A:15-5.12(a). Furthermore, the plaintiff may not satisfy this burden of proof “by proof of any degree of negligence including gross negligence.”
Nat'l Sec. Sys., Inc. v. Iola, 700 F.3d 65 (3d Cir. 2012). “N.J. Stat. Ann. § 2A:15-5.12. VI. We wish to commend the District Court on its exemplary handling of this difficult matter.”
Santosuosso v. NovaCare Rehab., 462 F. Supp. 2d 590 (D.N.J. 2006). “N.J.S.A. § 2A:15-5.12(a). Disputed issues of fact preclude the Court from ruling at this time that, as a matter of law, Plaintiff is not entitled to recover punitive damages.”
ASARCO LLC v. Americas Mining Corp., 396 B.R. 278 (S.D. Tex. 2008). “162 The requirements for the recovery of punitive damages have been codified in New Jersey: Punitive damages may be awarded to the plaintiff only if the plaintiff proves, by clear and convincing evidence, that the harm suffered was the result of the defendant’s acts or…”
Forman v. Novartis Pharm. Corp., 793 F. Supp. 2d 598 (E.D.N.Y 2011). “15, 2009) (citing N.J.S.A. § 2A:15-5.12); accord Sullivan v.”
Ward v. Barnes, 545 F. Supp. 2d 400 (D.N.J. 2008). “Plaintiffs point out that N.J. Stat. Ann. § 2A:15-5.12 governs the availability of punitive damages: a.”
Richter v. Oakland Bd. of Educ., 211 A.3d 1226 (N.J. Super. Ct. App. Div. 2019). “N.J.S.A. 2A:15-5.12(a). *421 III Because we have determined that Richter's LAD claim shall proceed to trial, we now address the Board's cross-appeal contending that Richter's bodily injury claim due to the Board's failure to accommodate her disability should be barred by the…”
Boyes v. Greenwich Boat Works, Inc., 27 F. Supp. 2d 543 (D.N.J. 1998). “” N.J.S.A. § 2A:15-5.12. The New Jersey Supreme Court has held that wilfulness and wantonness is satisfied by “a showing that there has been a deliberate act or omission with knowledge of a high degree of probability of harm and reckless indifference to consequences.”
N.J. Stat. § 2A:15-5.12(a): 58 cases
Hammons, P. v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. Ct. 2018). “N.J. Stat. § 2A:15-5.12(a). Wanton and willful disregard is "a deliberate act or omission with knowledge of a high degree of probability of harm to another and reckless indifference to the consequences of such act or omission.”
Carlino, S. v. Ethicon, Inc., 208 A.3d 92 (Pa. Super. Ct. 2019). “N.J. Stat. § 2A:15-5.12(a). Wanton and willful disregard is "a deliberate act or omission with knowledge of a high degree of probability of harm to another and reckless indifference to the consequences of such act or omission.”
Ben-Joseph v. Mt. Airy Auto Transporters, LLC, 529 F. Supp. 2d 604 (D. Md. 2008). “” 7 N.J.S.A. 2A:15-5.12(a). Furthermore, the plaintiff may not satisfy this burden of proof “by proof of any degree of negligence including gross negligence.”
Santosuosso v. NovaCare Rehab., 462 F. Supp. 2d 590 (D.N.J. 2006). “N.J.S.A. § 2A:15-5.12(a). Disputed issues of fact preclude the Court from ruling at this time that, as a matter of law, Plaintiff is not entitled to recover punitive damages.”
ASARCO LLC v. Americas Mining Corp., 396 B.R. 278 (S.D. Tex. 2008). “162 The requirements for the recovery of punitive damages have been codified in New Jersey: Punitive damages may be awarded to the plaintiff only if the plaintiff proves, by clear and convincing evidence, that the harm suffered was the result of the defendant’s acts or…”
N.J. Stat. § 2A:15-5.12(b): 23 cases
Hammons, P. v. Ethicon, Inc., 190 A.3d 1248 (Pa. Super. Ct. 2018). “N.J. Stat. § 2A:15-5.12(a). Wanton and willful disregard is "a deliberate act or omission with knowledge of a high degree of probability of harm to another and reckless indifference to the consequences of such act or omission.”
Lithuanian Com. Corp. v. Sara Lee Hosiery, 219 F. Supp. 2d 600 (D.N.J. 2002). “Punitive Damages Sara Lee argues that it is entitled to judgment as a matter of law on LCC’s claim for punitive damages because LCC has failed to present clear and convincing evidence of actual malice or wanton and willful disregard of LCC’s interests, or to prove the elements…”
Carlino, S. v. Ethicon, Inc., 208 A.3d 92 (Pa. Super. Ct. 2019). “N.J. Stat. § 2A:15-5.12(a). Wanton and willful disregard is "a deliberate act or omission with knowledge of a high degree of probability of harm to another and reckless indifference to the consequences of such act or omission.”
Ilda Aguas v. State of New Jersey (072467), 107 A.3d 1250 (N.J. 2015). “12(c), if the trier of fact determines that an award is appropriate in an LAD case against a public sector employer, it sets the amount of that award by considering all relevant evidence relating to the factors set forth in N.J.S.A. 2A:15-5.12(b), “the profitability of the…”
Ben-Joseph v. Mt. Airy Auto Transporters, LLC, 529 F. Supp. 2d 604 (D. Md. 2008). “” 7 N.J.S.A. 2A:15-5.12(a). Furthermore, the plaintiff may not satisfy this burden of proof “by proof of any degree of negligence including gross negligence.”
N.J. Stat. § 2A:15-5.12(b)(1): 3 cases
Forman v. Novartis Pharm. Corp., 793 F. Supp. 2d 598 (E.D.N.Y 2011). “15, 2009) (citing N.J.S.A. § 2A:15-5.12); accord Sullivan v.”
Ifill v. Cvs Pharmacy (D.N.J. 2021).
In the Matter of the Est. of Paul Nigito (N.J. Super. Ct. App. Div. 2024).
N.J. Stat. § 2A:15-5.12(c): 9 cases
Ilda Aguas v. State of New Jersey (072467), 107 A.3d 1250 (N.J. 2015). “12(c), if the trier of fact determines that an award is appropriate in an LAD case against a public sector employer, it sets the amount of that award by considering all relevant evidence relating to the factors set forth in N.J.S.A. 2A:15-5.12(b), “the profitability of the…”
Tarr v. Bob Ciasulli's MacK Auto Mall, Inc., 943 A.2d 866 (N.J. 2008).
L.S. Vs. Jonathan Fellus, M.d.(l-7684-10, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
John Baron Vs. Karmin Paralegal Servs. (dc-010281-18, Bergen Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
Rebecca Mccarthy Vs. Care One Mgmt., LLC (l-8657-16, Bergen Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).
N.J. Stat. § 2A:15-5.12(c)(2): 1 case
Kaiser v. Johnson & Johnson & Ethicon, Inc., 334 F. Supp. 3d 923 (N.D. Ind. 2018).
N.J. Stat. § 2A:15-5.12(c)(4): 3 cases
Bruce Baldinger v. Antonio Ferri, 541 F. App'x 219 (3d Cir. 2013).
Rebecca Mccarthy Vs. Care One Mgmt., LLC (l-8657-16, Bergen Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021).
Rebecca McCarthy v. Care One Mgmt., LLC (N.J. Super. Ct. App. Div. 2024).
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