Maryland HB906 modifies punitive damage awards in civil actions by requiring gross negligence proof and assessing a 50% surcharge on awards.
Maryland HB906 amends civil action procedures by stipulating that punitive damages can only be awarded if the plaintiff proves gross negligence by clear and convincing evidence. Gross negligence is defined as disregard for the rights or safety of others, including the public at large, that the actor knows or should know is likely to cause harm. The bill also mandates a surcharge on punitive damages equal to 50% of the award, paid by the defendant, which is deposited into the Blueprint for Maryland’s Future Fund.
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