Under New Jersey Law (N.J.S.A. 2A:15-5.11), punitive damages must be specifically requested in a complaint. The purpose of such damages is to punish wrongdoing and deter repetition of such conduct by the wrongdoer. We do not know if there are available statistics as to what percentage of complaints filed in the Superior Court contain a demand for punitive damages, but we strongly suspect the percentage is high. We point out that punitive damages are not available except where it has been demonstrated by clear and convincing evidence that serious harm will arise from the defendant’s conduct, and that the defendant acted with reckless disregard for the duration and consequences of such action.

Demands for punitive damages seem to have become an almost routine component of complaints, even where there is little or no evidence available to meet the applicable standard. We recognize that this is a generalization without reference to any specific case or cases. But we are reasonably confident that there is a frequency of demands for punitive damages that far outweighs the availability of supporting evidence to justify their inclusion.

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