Post State Farm decisions have considered comparative fault in determining the constitutionally permissible ratio of punitive damages to compensatory damages

Abstract

The US Supreme Court has established two important constitutional limits on punitive damages awards: they are subject to review for substantive reasonableness and the amount of the award may not be predicated on harm that a defendant caused to non-parties. These limits call into question the well-settled principle in most jurisdictions that comparative fault may not be used to reduce punitive damage awards.