(1) In a product liability civil action, punitive damages shall not be recoverable except as provided in ORS 31.730.
(2) Punitive damages, if any, shall be determined and awarded based upon the following criteria:
(a) The likelihood at the time that serious harm would arise from the defendant’s misconduct;
(b) The degree of the defendant’s awareness of that likelihood;
(c) The profitability of the defendant’s misconduct;
(d) The duration of the misconduct and any concealment of it;
(e) The attitude and conduct of the defendant upon discovery of the misconduct;
(f) The financial condition of the defendant; and
(g) The total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to persons in situations similar to the claimant’s and the severity of criminal penalties to which the defendant has been or may be subjected. [1979 c.866 §3; 1995 c.688 §4]
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