Maine Punitive Damages Laws: Malice Rule and Caps (2026)

Maine allows punitive damages as a common-law remedy, but only when a plaintiff proves by clear and convincing evidence that the defendant acted with malice, express or implied (Tuttle v. Raymond, 494 A.2d 1353 (Me. 1985)), and punitive damages may be awarded only if the plaintiff has also been awarded actual or compensatory damages (Cutting v. Down East Orthopedic Associates, P.A., 2025 ME 66). Maine has no general cap on punitive damages; the wrongful death statute, 18-C M.R.S. 2-807(2), caps punitive damages in a death action at $500,000, and other statutes set limits for particular claims.

Punitive damages cannot be awarded against a governmental entity under the Maine Tort Claims Act (14 M.R.S. 8105(5)), and employment awards under the Human Rights Act fall under combined caps tied to employer size. For how other states compare, see punitive damages laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Maine state law on punitive damages in civil cases: the common-law malice rule from Tuttle v. Raymond, the wrongful death cap in 18-C M.R.S. 2-807(2), the government and Human Rights Act rules, and the other statutes named below. It does not cover compensatory or noneconomic damages generally (see Maine medical malpractice law), wrongful-death procedure, deadlines and beneficiaries (see Maine wrongful death law), federal claims, or every statute that authorizes punitive or exemplary damages for a particular claim beyond those named here.

Does Maine allow punitive damages?

Yes. Punitive damages in Maine come from the courts, not from a general statute. In Tuttle v. Raymond (1985), the Maine Supreme Judicial Court, sitting as the Law Court, was asked to abolish them and declined:

"We refuse to abolish common law punitive damages in Maine."

The court kept the remedy but narrowed it, as it summarized: "we retain the doctrine of punitive damages at common law in Maine, but not without substantial modification."

Statutes add to this picture in two ways. Some authorize punitive or exemplary damages for a particular claim, sometimes with a limit, such as the wrongful death statute. Others bar them, such as the Maine Tort Claims Act for governmental entities.

What must be proven: malice by clear and convincing evidence

The conduct standard is malice. Tuttle held that "in order to recover punitive damages, a plaintiff must prove by clear and convincing evidence that the defendant acted with malice." The court described two forms:

• Express or actual malice. "Such malice exists where the defendant's tortious conduct is motivated by ill will toward the plaintiff."
• Implied or legal malice. "Punitive damages will also be available, however, where deliberate conduct by the defendant, although motivated by something other than ill will toward any particular party, is so outrageous that malice toward a person injured as a result of that conduct can be implied."

Recklessness is not enough. The court was explicit: "such 'implied' or 'legal' malice will not be established by the defendant's mere reckless disregard of the circumstances." Applying that rule to the case before it, the court said that although the defendant "acted recklessly, reckless conduct alone cannot satisfy the element of malice necessary to justify an exemplary award."

The burden is clear and convincing evidence. Before Tuttle, the court noted, a plaintiff in Maine had to prove a punitive damages case "by a preponderance of the evidence." Tuttle raised that to clear and convincing evidence.

A compensatory award is also required. In Cutting v. Down East Orthopedic Associates, P.A., 2025 ME 66 (July 24, 2025), the Law Court restated that "Punitive damages may be awarded only if the plaintiff has also been awarded actual or compensatory damages based on tortious conduct of the defendant," citing Zemero Corp. v. Hall, 2003 ME 111 ("punitive damages are impermissible absent an award of compensatory damages"). Because the jury in Cutting found no liability, the court held that any error in taking the punitive damages claim from the jury was harmless.

No Maine statute codifies the malice standard; it rests on Tuttle. Some statutes state their own standard for the claims they cover, as described below.

Is there a cap on punitive damages in Maine?

Maine has no general cap on common-law punitive damages. Some statutes for particular claims set their own limits:

The Human Rights Act tiers apply to a respondent with the stated number of employees "in each of 20 or more calendar weeks in the current or preceding calendar year": more than 14 and fewer than 101 employees, $100,000; more than 100 and fewer than 201, $300,000; more than 200 and fewer than 501, $500,000; more than 500, $1,000,000 (5 M.R.S. 4613(2)(B)(8)(e)).

The table lists examples; for common-law claims, no statute sets a ceiling. The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Maine verdicts; the punitive damages hub explains them.

Punitive damages in Maine wrongful death cases

Maine's wrongful death statute authorizes punitive damages directly, with a limit. Section 2-807(2) of Title 18-C provides that the jury may give damages "not exceeding $1,000,000 adjusted for inflation as provided in section 1-108" for the loss of comfort, society and companionship of the deceased, and then states:

"The jury may also give punitive damages not exceeding $500,000."

The inflation adjustment is written into the comfort, society and companionship limit; the text applies no inflation adjustment to the $500,000 punitive limit. Section 2-807(2) sets the punitive ceiling but does not itself state the conduct standard for punitive damages. Public Law 2023, chapter 390, effective October 25, 2023, raised this limit from $250,000.

A wrongful death action against a governmental entity under the Maine Tort Claims Act "is limited as provided in those sections" (2-807(4)), and those sections exclude punitive damages, as described below.

Separately, Maine's survival statute provides that "no personal action or cause of action is lost by the death of either party," except that actions "for the recovery of penalties and fines under criminal statutes do not survive the death of the defendant" (18-C M.R.S. 3-817(1)). The section does not mention punitive damages. Who brings a death claim, who shares in it and the filing deadline are on the Maine wrongful death page.

Government defendants

Governmental entities. Under the Maine Tort Claims Act, "No judgment or award against a governmental entity shall include punitive or exemplary damages" (14 M.R.S. 8105(5)). The same section limits the award of damages, including costs, against a governmental entity or its employees, or both, to $400,000 "for any and all claims arising out of a single occurrence" (8105(1)).

Indemnifying employees. After litigation against a government employee is concluded, "a governmental entity shall be relieved of any obligation to indemnify the employee for punitive damages" and may recoup attorney's fees and costs paid to outside counsel "if the governmental entity proves that the employee acted in bad faith" (14 M.R.S. 8112).

Human Rights Act claims. Punitive damages under the Act's employment-damages provision may not be included in a judgment or award against a governmental entity, or against a government employee based on a claim arising out of an act or omission within the course or scope of employment (5 M.R.S. 4613(2)(B)(8)(i)). The housing provision carries the same bar (4613(2)(B)(9)).

The State, in wrongful imprisonment claims. In the chapter on wrongful imprisonment, "A judgment or award against the State pursuant to this chapter may not include punitive or exemplary damages" (14 M.R.S. 8242(3)).

Employment discrimination under the Human Rights Act

The Human Rights Act has its own punitive damages rule for intentional employment discrimination by employers with more than 14 employees. A complaining party may recover punitive damages "if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the rights of an aggrieved individual protected by this Act" (5 M.R.S. 4613(2)(B)(8)(c)). That statutory standard is worded differently from the common-law Tuttle standard, which excludes mere reckless disregard.

These employment damages are available only if the complaining party cannot recover under 42 U.S.C. 1981, and the court may not inform the jury of the caps (5 M.R.S. 4613(2)(B)(8)(a), (g)). Punitive damages count toward the combined size-based caps shown in the table above. There is also a filing prerequisite: compensatory and punitive damages under section 4613 "may not be awarded to a plaintiff in a civil action under this Act unless the plaintiff alleges and establishes that, prior to the filing of the civil action, the plaintiff first filed a complaint with the commission" and the commission took one of the actions the statute lists (5 M.R.S. 4622(1)).

Housing discrimination. Separately, the Act authorizes "an order to pay actual and punitive damages in the case of discriminatory housing practices" (5 M.R.S. 4613(2)(B)(9)). That provision states no dollar limit, and it bars punitive damages against a governmental entity or against a government employee for an act or omission within the course or scope of employment.

Employer liability for a supervisor. In Kopenga v. Davric Maine Corp., 1999 ME 65, a Human Rights Act case, the Law Court concluded that "the justifications for punitive damages have not been met" for the award against the employer. The discriminatory acts were committed by a supervisor who "was not a member of corporate management," and nothing in the record showed that, before the employee's letter declaring her intention to quit, the employer had or should have had knowledge of his conduct, "or that it somehow authorized, ratified, or approved it."

Other statutes that bar or authorize punitive damages

Barred: health carrier liability. In a cause of action under the carrier liability section of the Health Plan Improvement Act, "Punitive damages may not be awarded," and "Noneconomic damages awarded may not exceed $400,000" (24-A M.R.S. 4313(9)).

Authorized for particular claims. Many Maine statutes authorize punitive damages for a specific wrong. Examples include:

• Doxing of a minor: a plaintiff "who proves by clear and convincing evidence that the doxing of a minor was committed with malice" or was motivated by a listed characteristic of the minor or a close relation "is entitled to an award of punitive damages" (14 M.R.S. 9103(2)).
• Nonconsensual removal of or tampering with a condom: a civil action for actual, compensatory and punitive damages (14 M.R.S. 8305(2)).
• Human trafficking: a trafficked person may bring a civil action for actual, compensatory and punitive damages (5 M.R.S. 4701(2)).
• Injury to land, forest products or agricultural products: "A person who with malice violates subsection 2 is subject to punitive damages" (14 M.R.S. 7552(4)(D)).
• Student loan servicers: liability includes "Punitive damages as the court may allow" (9-A M.R.S. 14-108).
• Payor liability: a payor that discharges or discriminates against an obligor because of a support order or income withholding order is subject to an action "for compensatory and punitive damages" (19-A M.R.S. 2662).

How the amount is decided

Under Tuttle v. Raymond, once a plaintiff makes the required showing, the fact finder must weigh "all relevant aggravating and mitigating factors" presented by the parties, "including the egregiousness of the defendant's conduct, the ability of the defendant to pay such an award, and any criminal punishment imposed for the conduct in question."

The award is "within the sound discretion of the fact finder." If the fact finder awards punitive damages that are excessive in light of the relevant factors, the trial court or the Law Court can intervene (Tuttle).

Does Maine take a share of the award?

No general Maine statute gives the State or a fund a share of a private punitive award. One statute for a particular claim directs the money elsewhere: in an illegal horse-race wagering action under 8 M.R.S. 300-A, damages other than the plaintiff's reasonable costs and attorney's fees, including punitive damages, are paid to the commission and divided among four racing funds (8 M.R.S. 300-A(4)). Some environmental statutes allow the State itself, as the plaintiff, to recover punitive damages measured by its cleanup costs (38 M.R.S. 568(4)(B), 1296, 1365(6)); those are the State's own claims, not a division of a private award.

Does insurance pay punitive damages in Maine?

The Law Court has addressed one kind of policy. In Braley v. Berkshire Mutual Insurance Co., 440 A.2d 359 (Me. 1982), an uninsured motorist policy promised to pay sums the insured "shall be legally entitled to recover as damages ... because of bodily injury." The court adopted the construction that such language covers only actual or compensatory damages, "because punitive damages are not awarded as compensation 'for bodily injury.'" Braley was an uninsured motorist case; it did not decide whether a liability policy may cover punitive damages assessed against the insured.

Maine punitive damages at a glance

Recent changes

Maine's general punitive damages standard has rested on Tuttle v. Raymond since 1985. Recent legislation has touched particular claims: Public Law 2023, chapter 390 raised the wrongful death punitive limit in 18-C M.R.S. 2-807(2) from $250,000 to $500,000; the act became law without the Governor's signature on July 6, 2023 and took effect October 25, 2023, the general effective date for nonemergency laws of that legislative session. Public Law 2025, chapter 417 added the civil action for doxing of a minor with its own punitive damages provision (14 M.R.S. 9103).

Related pages

• Punitive damages laws by state
• Maine wrongful death law
• Maine medical malpractice law
• Maine statute of limitations

This article provides general legal information about Maine punitive damages law as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Maine.

Last updated: 2026-10-18.

Frequently Asked Questions

Does Maine allow punitive damages?

Yes. The Law Court in Tuttle v. Raymond (1985) refused to abolish common-law punitive damages but limited them to cases where the plaintiff proves malice by clear and convincing evidence. Several statutes also authorize punitive damages for particular claims, and some bar them, such as claims against governmental entities (14 M.R.S. 8105(5)).

What must be proven for punitive damages in Maine?

Malice, by clear and convincing evidence. Under Tuttle v. Raymond, malice is express when the conduct is motivated by ill will toward the plaintiff, or implied when deliberate conduct is so outrageous that malice toward the injured person can be implied. Some statutes, such as the Human Rights Act (5 M.R.S. 4613), state their own standard. Punitive damages may be awarded only if the plaintiff has also been awarded actual or compensatory damages based on the defendant's tortious conduct (Cutting v. Down East Orthopedic Associates, 2025 ME 66).

Is recklessness enough for punitive damages in Maine?

Not under the common-law rule. Tuttle v. Raymond held that implied malice will not be established by the defendant's mere reckless disregard of the circumstances and that reckless conduct alone cannot satisfy the malice element. The Human Rights Act separately allows punitive damages for discrimination with malice or reckless indifference (5 M.R.S. 4613(2)(B)(8)(c)).

Is there a cap on punitive damages in Maine?

There is no general cap on common-law punitive damages. Some statutes set their own limits: punitive damages in a wrongful death action may not exceed $500,000 (18-C M.R.S. 2-807(2)), Human Rights Act employment awards are capped together with certain compensatory damages by employer size (5 M.R.S. 4613), and trade secret exemplary damages may not exceed twice any award made under 10 M.R.S. 1544(1).

Are punitive damages available in a Maine wrongful death case?

Yes, within a limit. Under 18-C M.R.S. 2-807(2), the jury may give punitive damages not exceeding $500,000. The statute sets the limit but does not itself state the conduct standard, and a death action against a governmental entity is limited by the Maine Tort Claims Act, which excludes punitive damages.

Are punitive damages available against a government in Maine?

Not against a governmental entity: under 14 M.R.S. 8105(5), no judgment or award against a governmental entity may include punitive or exemplary damages. A judgment or award against the State under the wrongful imprisonment chapter also may not include them (14 M.R.S. 8242(3)). Under the Human Rights Act, punitive damages may not be included in a judgment or award against a governmental entity or against a government employee for an act or omission within the course or scope of employment (5 M.R.S. 4613(2)(B)(8)(i), (9)).

Are punitive damages available in a Maine employment discrimination case?

Under 5 M.R.S. 4613, in intentional employment discrimination cases against employers with more than 14 employees, punitive damages may be awarded on a showing of malice or reckless indifference to protected rights, subject to combined caps from $100,000 to $1,000,000 by employer size, and only if the plaintiff cannot recover under 42 U.S.C. 1981. They may not be awarded against a governmental entity or a government employee acting within the scope of employment. Under 5 M.R.S. 4622, they may not be awarded unless the plaintiff first filed a complaint with the Maine Human Rights Commission and the commission took one of the listed actions.

Does Maine take part of a punitive damages award?

No general Maine statute gives the State a share of a private punitive award. In an illegal horse-race wagering action, damages other than the plaintiff's reasonable costs and attorney's fees, including punitive damages, are paid to the commission and divided among four racing funds (8 M.R.S. 300-A(4)). Some environmental statutes let the State itself recover punitive damages as the plaintiff, which is a different thing (for example 38 M.R.S. 568(4)(B)).

Does insurance cover punitive damages in Maine?

In Braley v. Berkshire Mutual Insurance Co. (1982), the Law Court held that uninsured motorist coverage for sums recoverable as damages because of bodily injury does not cover punitive damages. That decision addressed uninsured motorist coverage, not liability insurance generally.