MD HB906

Punitive damages in civil negligence actions require plaintiffs to prove "gross negligence" by clear and convincing evidence, defined as disregard for others' safety involving failure to exercise slight care, willful misconduct, repeated patterns, malicious intent, or indifference to legal obligations.

Defendants ordered to pay punitive damages must pay an additional 50% surcharge to the State, assessed by the State Court Administrator at the conclusion of all proceedings.

Surcharge revenue is deposited into the Blueprint for Maryland's Future Fund, which supports education initiatives.

Juries may not be informed of the surcharge requirement, and the surcharge cannot reduce the punitive damages amount plaintiffs receive.

Intended to abrogate the punitive damages standard from Owens-Illinois, Inc. v. Zenobia (1992); applies prospectively only to actions filed after October 1, 2026.