If you find that plaintiff suffered damage as a [proximate] [legal] result of the conduct of the defendant, and upon which conduct you base a finding of liability, you may then consider whether you should award punitive or exemplary damages against defendant

[________________________ only], for the sake of example and by way of punishment. You may in your discretion award such damages, if, but only if, you find by a preponderance of the evidence that said defendant was guilty of [oppression] [fraud] [or] [malice] in the conduct upon which you base your finding of liability.

[“Malice” means conduct which is [intended by the defendant to cause injury to the plaintiff] [or] [carried on by the defendant with a conscious disregard for the] [rights] [or] [safety] of others.]

[“Oppression” means subjecting a person to cruel and unjust hardship in conscious disregard of that person’s rights.]

[“Fraud” means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention, on the part of the defendant, of thereby depriving a person of property or legal rights or otherwise causing injury.]

The law provides no fixed standards as to the amount of such punitive damages, but leaves the amount to the jury’s sound discretion, exercised without passion or prejudice.

In arriving at any award of punitive damages, you are to consider the following:

  1. The reprehensibility of the conduct of the defendant;
  1. The amount of punitive damages which will have a deterrent effect on the defendant in the light of defendant’s financial condition.


NEV. J.I. 10.20

BAJI 14.71

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator.

Mr. Young can be reached at 702.667.4868 or at