Are extra damages available to punish bad conduct?
Reviewed by Andrew (Andy) R. Gillin
California State Bar #45226 ↗ · Approval recorded November 4, 2026
How we record review approvalSome cases allow extra money to punish very bad acts. These are called punitive damages. A careless mistake is usually not enough.
In this guide
Here’s an example
A person causes harm on purpose. That raises a different issue from a driver who makes a careless turn.
A made-up example to explain the idea. Your facts may lead to a different answer.How the rule works
Civil Code § 3294 sets requirements for punitive damages in covered cases. They are separate from money intended to compensate a person for losses.
Legal references: [1] Civil Code § 3294 — Punitive damages
What can change the answer?
The law requires strong proof of fraud, malice, or oppression. These are legal terms for certain serious acts. Extra rules apply when a business is asked to pay for a worker’s acts.
Court decisions behind this answer
A case can help explain a rule. Its facts and limits matter too.
College Hospital Inc. v. Superior Court
Supreme Court of California · 1994
8 Cal.4th 704, pp. 721–726
The court discussed when money can be awarded to punish bad acts. A careless mistake alone was not enough.
Some steps in that case applied to claims against a health care provider. They do not apply to every injury case.
Case applicability reviewed as recorded above.
A useful next step
Save proof of what the person did. Ask a lawyer if this rule may apply.
If you are unsure which rule applies, a lawyer can review your facts and any deadlines. Learn about GJEL’s injury representation.
The law behind this guide
The references below support the legal discussion. Their application depends on the facts.
- Civil Code § 3294 — Punitive damages ↗Statute · Review recorded above
- College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704 ↗Case law · Review recorded above
Updated 2026-11-04. Read our editorial standards.