Gamble Factors

In Gamble v. Stevenson, 305 S.C. 104, 406 S.E.2d 350 (1991) the South Carolina Supreme Court developed an eight factor post-verdict review which trial courts are required to conduct to determine if a punitive damages award comports with due process. The Gamble factors are: (1) defendant's degree of culpability; (2) duration of the conduct; (3) defendant's awareness or concealment; (4) the existence of similar past conduct; (5) likelihood the award will deter the defendant or others from like conduct; (6) whether the award is reasonably related to the harm likely to result from such conduct; (7) defendant's ability to pay; and finally; (8) as noted in Haslip, "other factors" deemed appropriate. (Gamble, 305 S.C. at 111-12, 406 S.E.2d at 354.) Under Gamble, the trial court is not required to make findings of fact for each factor to uphold a punitive damage award. McGee v. Bruce Hosp. Sys., 321 S.C. 340, 468 S.E.2d 633 (1996).