What is the standard of proof for punitive damages in civil litigation?

The standard of proof for punitive damages in civil litigation in California is “clear and convincing evidence”. This means that the party seeking punitive damages must prove, by more than a preponderance of the evidence, that the opposing party’s actions were willful, oppressive, or malicious. This type of evidence is higher than the usual burden of proof for civil suits, which is “preponderance of the evidence”. The purpose of punitive damages is to punish the defendant for conduct that is extraordinarily offensive, and to deter similar conduct in the future. California law requires that the jury be given a special instruction on punitive damages if they are asked to consider awarding them. This instruction directs the jury to determine if the conduct of the defendant was reprehensible, and if so, to award punitive damages in an amount that will punish the defendant and deter other people from the same type of conduct. In order to prove that the defendant’s conduct was reprehensible and warrant punitive damages, the plaintiff must present evidence that is clear and convincing. Generally, this kind of evidence is far more powerful and detailed than preponderance of the evidence, which only needs to prove that it is more likely than not that the defendant’s conduct was wrongful. In order for the jury to award punitive damages, the plaintiff must prove that the defendant acted with willful and malicious intent.

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What is the standard of proof for punitive damages in civil litigation?

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