Imposing Punitive Damages on the Intoxicated Driver

28 Pages Posted: 4 Apr 2013

See all articles by Martin A. Kotler

Martin A. Kotler

Widener University Delaware Law School

Date Written: 1984

Abstract

This Article explores the traditional justification for the imposition of punitive damage liability in the context of drunk driving. Though courts have increasingly found such damages to be available in the appropriate case, neither the deterrence nor punishment rationales can be justified in the absence of widespread public awareness that specific conduct has the potential to result in liability. Criminal sanction, therefore, better serves to accomplish the intended purposes.

Keywords: drunk driving, punitive damages, liability, driving while intoxicated, DWI

JEL Classification: K13

Suggested Citation

Kotler, Martin A., Imposing Punitive Damages on the Intoxicated Driver (1984). Akron Law Review, Vol. 18, No. 2, 1984, Available at SSRN: https://ssrn.com/abstract=2243719

Martin A. Kotler (Contact Author)

Widener University Delaware Law School ( email )

4601 Concord Pike
Wilmington, DE 19803-0406
United States

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