Texas Exemplary (Punitive) Damages Standard, Unanimous Jury Rule & Statutory Cap (CPRC Chapter 41)
Summary of the Texas Rule (Tex. Civ. Prac. & Rem. Code §§ 41.001–41.013)
Sets the 'clear and convincing evidence' standard for gross negligence, fraud, or malice, mandates a unanimous jury verdict for exemplary damages, and imposes the § 41.008 statutory cap.
Statutory Text Summary & Legal Mechanics
Under § 41.003, exemplary damages may be awarded only if the claimant proves by clear and convincing evidence that the harm resulted from fraud, malice, or gross negligence, and the jury's finding on both liability for and the amount of exemplary damages is UNANIMOUS (all 12 of 12 jurors in District Court, or 6 of 6 in County Court). Under § 41.008(b), exemplary damages may not exceed the greater of: (1) two times the amount of economic damages, PLUS an amount equal to any non-economic damages found by the jury (not to exceed $750,000); OR (2) $200,000.
Practical Impact on Texas Personal Injury Claims & Jury Trials
Gross negligence under § 41.001(11) requires proving both an objective prong (an extreme degree of risk considering the probability and magnitude of potential harm) and a subjective prong (the defendant had actual, subjective awareness of the risk and proceeded with conscious indifference). Note that § 41.008(c) lists 17 Penal Code felony 'cap-busters'—including Intoxication Assault (§ 49.07) and Intoxication Manslaughter (§ 49.08)—that completely eliminate the punitive cap!
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