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

In New York, punitive damages require a higher burden of proof than other civil litigation cases. Punitive damages are meant to punish a wrongdoer or their behavior and have the goal of deterrence. Under New York law, punitive damages can only be awarded if sufficient proof is provided. To be awarded punitive damages, the plaintiff must prove by clear and convincing evidence that the defendant’s conduct was outrageous or malicious. Clear and convincing evidence is a standard of proof that is higher than the preponderance of evidence, which is the normal standard of proof used in most civil cases. Clear and convincing evidence must show that a defendant’s conduct was intentional, malicious, willful or reckless. In other words, the defendant must have known that his or her actions were wrong and that they were likely to cause harm. The plaintiff must provide evidence that demonstrates that the defendant’s conduct was outrageous or malicious beyond a reasonable doubt. The purpose of this higher burden of proof is to protect defendants from being unfairly punished or subjected to unreasonable liabilities and to ensure that plaintiffs can only be awarded punitive damages if they can prove that a defendant’s actions were unquestionably wrong.

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