• 2005 - Exemplary Damages (Products Liability)
  • C-72.04
    • Damages
    • Exemplary Damages
    • Products Liability
  • Exemplary damages may not be awarded against a manufacturer or seller if the product's manufacture, design, formulation, inspection, testing, packaging, labeling, and warning complied with: 1) federal statutes existing at the time the product was produced; 2) administrative regulations existing at the time the product was produced that were adopted by an agency of the federal government with responsibility for regulating the safety of the product or for establishing safety standards for the product pursuant to a federal statute; or 3) premarket approval or certification by an agency of the federal government. The limitation in the preceding paragraph does not apply if the Plaintiff proves by clear and convincing evidence that the product manufacturer or product seller: 1) knowingly and in violation of applicable agency regulations withheld or misrepresented information which was material and relevant to the harm in question and was required to be submitted to the agency; or 2) made an illegal payment to an official of the federal agency for the purpose of securing approval of the product.
    • 32-03.2-11(6)
    • 32-03.2-11(7)
    • 32-03.2-11(8)
  • Notes: