§ 1D-5 — Definitions

North Carolina § 1D-5

• Jurisdiction: North Carolina
• Ch. 1D: Punitive Damages

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As used in this Chapter:
(1) "Claimant" means a party, including a plaintiff, counterclaimant, cross-claimant, or third-party plaintiff, seeking recovery of punitive damages. In a claim for relief in which a party seeks recovery of punitive damages related to injury to another person, damage to the property of another person, death of another person, or other harm to another person, "claimant" includes any party seeking recovery of punitive damages.
(2) "Compensatory damages" includes nominal damages.
(3) "Defendant" means a party, including a counterdefendant, cross-defendant, or third-party defendant, from whom a claimant seeks relief with respect to punitive damages.
(4) "Fraud" does not include constructive fraud unless an element of intent is present.
(5) "Malice" means a sense of personal ill will toward the claimant that activated or incited the defendant to perform the act or undertake the conduct that resulted in harm to the claimant.
(6) "Punitive damages" means extracompensatory damages awarded for the purposes set forth in G.S. 1D-1.
(7) "Willful or wanton conduct" means the conscious and intentional disregard of and indifference to the rights and safety of others, which the defendant knows or should know is reasonably likely to result in injury, damage, or other harm. "Willful or wanton conduct" means more than gross negligence. (1995, c. 514, s. 1.)