Texas Civil Practice & Remedies Code § 41.003 – Legal Standards for Punitive Damages
Table of Contents
Statutory Text:
A claimant may recover exemplary damages only if they prove the defendant acted with:
Fraud,
Malice, or
Gross negligence,
and the claimant establishes this by clear and convincing evidence.
The jury must be unanimous in both:
Liability for exemplary damages, and
The amount of such damages.
What Does § 41.003 Require to Win Punitive Damages?
In Texas, punitive damages are only awarded in rare and serious cases. Section 41.003 requires plaintiffs to prove that the defendant engaged in fraud, malice, or gross negligence, and that:
Their conduct justifies punishment, not just compensation
The proof meets a heightened standard clear and convincing evidence
The jury’s decision is unanimous on both fault and amount
Key Elements of § 41.003
Clear and Convincing Evidence: The plaintiff must present more than a preponderance evidence that produces a firm belief or conviction.
Unanimous Jury Requirement: A single juror’s dissent can defeat a punitive damages award.
Intentional or Egregious Misconduct: Exemplary damages are never awarded for simple negligence.
Example Scenario
A nursing home employee intentionally withholds care from a patient, resulting in serious injury. If the plaintiff proves malice or gross negligence by clear and convincing evidence, and the jury agrees unanimously, exemplary damages may be awarded under § 41.003.
Application in Texas Civil Cases
This statute governs how punitive damages are awarded, not just when
Applies in cases like:
Catastrophic personal injury
Wrongful death due to intentional harm
Fraudulent business conduct
Drunk driving with gross negligence
Connects directly to definitions in [§ 41.001] and limits in [§ 41.008]
Related Statutes
- § 41.001 – Definitions: Malice, Gross Negligence
- § 41.008 – Cap on Exemplary Damages
- § 33.001 – Comparative Responsibility Rule
Texas Case Law Interpreting § 41.003
Texas Supreme Court interpreted “gross negligence” as requiring both an objective risk and subjective awareness by the defendant.
The court reiterated that the jury must be unanimous in awarding exemplary damages, including the amount.
Frequently Asked Questions About § 41.003
Houston Personal Injury Lawyer - Joel A. Gordon
You must show fraud, malice, or gross negligence, with clear and convincing evidence.
It’s a higher standard than “more likely than not,” but lower than “beyond a reasonable doubt.” It means the jury has a firm belief in the truth of the claims.
No. The award must be unanimous, both as to liability and the amount.
No. Only those involving intentional misconduct or egregious recklessness are eligible.