Apr 17, 2009

just curious...

I was reading stuff on ACC's website when I chanced upon this.
"Because of the wide range of help available from ACC after an injury, you can’t sue for personal injury in New Zealand, except for exemplary damages. This applies to overseas tourists too."
Do you know of any valid reason that you can sue another person for exemplary damages? How can a person justify that suing for exemplary damages can indeed deter the person who caused injury never to do it again?


  1. Generally speaking, you would have to show that the person had acted with the intent of causing the injury. In effect, you have to show a greater degree of culpability than mere negligence or even recklessness.

  2. So if I were standing on the kerb waiting for the walk sign and a car hit me, I could sue for exemplary damages? If yes, is that better than suing for personal injury?