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ANALYSIS: The court deviated, relying on the long-standing definition of gross negligence put forward in Altman v. Aronson, 231 Mass. 588 (1919). The court presumed that there was sufficient confirmation at trial for the jury to have discovered that Toys R Us was indifferent to the wellbeing of its clients, it had no financial incentive to guarantee that the slide was protected, and worked out "an obviously littler measure of watchfulness and attentiveness than the conditions expect of a man of ordinary judiciousness," id. at 592, adequate to help the jury's finding of gross negligence. In upholding the jury's punitive damages honor of $18 million, the court connected the examination set up in BMW of N. America, Inc. v. Gut, 517 U.S. 559 (1996) to determine whether the punitive damages grant was within established limits. The court evaluated three variables put forward in BMW to determine whether a punitive damages grant is over the top: 1. the level of inexcusable quality of the respondent's direct; 2. the proportion of the punitive honor to the real mischief inflicted; and 3. an examination of the punitive damages grant and the common or criminal punishments that could be forced for practically identical unfortunate behavior.

In examining the level of unforgivable nature, the court considered whether the damage caused was physical rather than financial; regardless of whether the tortious direct showed an indifference to or a neglectful nonchalance of the wellbeing or security of others; and whether the lead involved rehashed actions or was a disconnected incident. As for the proportion of punitive damages to real mischief inflicted, the court perceived that 1. while no standard has been set by the U.S. Preeminent Court, single-digit multipliers will probably comport with due process and still accomplish the objectives of prevention and retaliation; and 2. a higher proportion might be suitable where the money related estimation of the noneconomic mischief may be hard to determine.When the court connected the third factor and contrasted the punitive damages grant with the common punishments that could be forced for Toys R Us' wrongdoing, it noticed that the proportion was high, yet that strict proportionality between punitive honors and conceivable common punishments was not important to meet sacred necessities.