{"data":{"id":"us-ok/okla.-stat.-tit.-23-23-9.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 23, § 23-9.1","heading":"Punitive damages awards by jury","body":"A. In an action for the breach of an obligation not arising\n\nfrom contract, the jury, in addition to actual damages, may, subject\n\nto the provisions and limitations in subsections B, C and D of this\n\nsection, award punitive damages for the sake of example and by way\n\nof punishing the defendant based upon the following factors:\n\n1. The seriousness of the hazard to the public arising from the\n\ndefendant's misconduct;\n\n2. The profitability of the misconduct to the defendant;\n\n3. The duration of the misconduct and any concealment of it;\n\n4. The degree of the defendant's awareness of the hazard and of\n\nits excessiveness;\n\n5. The attitude and conduct of the defendant upon discovery of\n\nthe misconduct or hazard;\n\n6. In the case of a defendant which is a corporation or other\n\nentity, the number and level of employees involved in causing or\n\nconcealing the misconduct; and\n\n7. The financial condition of the defendant.\n\nB. Category I. Where the jury finds by clear and convincing\n\nevidence that:\n\n1. The defendant has been guilty of reckless disregard for the\n\nrights of others; or\n\n2. An insurer has recklessly disregarded its duty to deal\n\nfairly and act in good faith with its insured; the jury, in a\n\nseparate proceeding conducted after the jury has made such finding\n\nand awarded actual damages, may award punitive damages in an amount\n\nnot to exceed the greater of:\n\na. One Hundred Thousand Dollars ($100,000.00), or\n\nb. the amount of the actual damages awarded.\n\nAny award of punitive damages under this subsection awarded in any\n\nmanner other than as required in this subsection shall be void and\n\nreversible error.\n\nC. Category II. Where the jury finds by clear and convincing\n\nevidence that:\n\n1. The defendant has acted intentionally and with malice\n\ntowards others; or\n\n2. An insurer has intentionally and with malice breached its\n\nduty to deal fairly and act in good faith with its insured;\n\nthe jury, in a separate proceeding conducted after the jury has made\n\nsuch finding and awarded actual damages, may award punitive damages\n\nin an amount not to exceed the greatest of:\n\na. Five Hundred Thousand Dollars ($500,000.00),\n\nb. twice the amount of actual damages awarded, or\n\nc. the increased financial benefit derived by the\n\ndefendant or insurer as a direct result of the conduct\n\ncausing the injury to the plaintiff and other persons\n\nor entities.\n\nThe trial court shall reduce any award for punitive damages awarded\n\npursuant to the provisions of subparagraph c of this paragraph by\n\nthe amount it finds the defendant or insurer has previously paid as\n\na result of all punitive damage verdicts entered in any court of\n\nthis state for the same conduct by the defendant or insurer. Any\n\naward of punitive damages under this subsection awarded in any\n\nmanner other than as required in this subsection shall be void and\n\nreversible error.\n\nD. Category III. Where the jury finds by clear and convincing\n\nevidence that:\n\n1. The defendant has acted intentionally and with malice\n\ntowards others; or\n\n2. An insurer has intentionally and with malice breached its\n\nduty to deal fairly and act in good faith with its insured; and the\n\ncourt finds, on the record and out of the presence of the jury, that\n\nthere is evidence beyond a reasonable doubt that the defendant or\n\ninsurer acted intentionally and with malice and engaged in conduct\n\nlife-threatening to humans,\n\nthe jury, in a separate proceeding conducted after the jury has made\n\nsuch finding and awarded actual damages, may award punitive damages\n\nin any amount the jury deems appropriate, without regard to the\n\nlimitations set forth in subsections B and C of this section. Any\n\naward of punitive damages under this subsection awarded in any\n\nmanner other than as required in this subsection shall be void and\n\nreversible error.\n\nE. In determining the amount, if any, of punitive damages to be\namages\n\nin any amount the jury deems appropriate, without regard to the\n\nlimitations set forth in subsections B and C of this section. Any\n\naward of punitive damages under this subsection awarded in any\n\nmanner other than as required in this subsection shall be void and\n\nreversible error.\n\nE. In determining the amount, if any, of punitive damages to be\n\nawarded under either subsection B, C or D of this section, the jury\n\nshall make the award based upon the factors set forth in subsection\n\nA of this section.\n\nF. The provisions of this section are severable, and if any\n\npart or provision thereof shall be held void, the decision of the\n\ncourt shall not affect or impair any of the remaining parts or\n\nprovisions thereof.\n\nG. This section shall apply to all civil actions filed after\n\nthe effective date of this act.","path":["OK Code","Title 23"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os23.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"4f2188a0ba65e8615359ffa0a571b9bb0ac1e91d72cdb626f5d4302592d97c7f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-23-23-8","next":"us-ok/okla.-stat.-tit.-23-23-9.3"},"notice":"GroundRules: Original legal text. Not legal advice."}