Conn. Civ. Jury Instr. 3.4-15

In addition to seeking compensatory damages, the plaintiff seeks an award of statutory punitive

damages. In product liability actions, punitive damages may be awarded if the claimant proves

that the harm suffered was the result of the product seller’s reckless disregard for the safety of

product users, consumers or others who were injured by the product. Your role is limited to

finding whether punitive damages should be awarded. If so, the court will determine the amount.

The phrase “reckless disregard” involves conduct that is more than negligence and more than

gross negligence. Rather, it indicates a state of mind regarding the consequences of one’s acts.

The state of mind amounting to recklessness may be inferred from conduct. To infer reckless

disregard, there must be something more than a failure to exercise a reasonable degree of

watchfulness to avoid danger to others or to take reasonable precautions to avoid injury to them.

Reckless misconduct is conduct indicating a reckless disregard of the safety of others or of the

consequences of the action. It is conduct that is highly unreasonable, involving an extreme

departure from ordinary care, in a situation where a high degree of danger is apparent.

If you find by a preponderance of the evidence that the defendant’s conduct was in reckless

disregard for the safety of product users, consumers or others who were injured by the product,

then you may award punitive damages.

The law does not require you to award punitive damages. It is, instead, a matter for your

discretion. An award of punitive damages must not reflect bias, prejudice or sympathy with

respect to any party. It must instead be fairly based on the evidence in the case.