sharminlaw

Getting Punitive Damages Against a Corporation in Your West Palm Beach Car Accident Case or Other Personal Inury Case

Under Florida case law, Schropp v. Crown Eurocars, Inc., punitive damages, also known as punishment damages, are capless for intentional torts such as battery and injury to another while driving drunk, can be awarded against a corporation in one of two ways: vicarious liability and direct liability.  Vicarious liability is based upon wilfull and malicious actions of an employeee with a finding of independent negligent conduct on the part of the corporation.  Direct liablity is bases upon the wilfull and malicious actions of the managing agents of the corporation.

Direct liability would be where a managing agent of the corporation got drunk and killed someone.  Vicarious liability requires that you prove wilfull and wanton conduct by an emplyee with fault on the part of the employer which could have foreseeably caused the plaintiff's injuries.  Ordinary negligence is sufficient .  An example is where the employee got drunk and killed someone and the employee was negligently hired by the corporation. This is a landmark case and one every Delray Beach car accident attorney should be familiar with.