Can Unintentional torts lead to punitive damages?
Depends on the jurisdiction. In some states, a “reckless” tort is sufficient for an award of punitive damages, while other states only allow punitive damages if the defendant’s conduct is intentional. Under no circumstance is mere negligence sufficient to permit punitive damages. Also significant is the burden of proof of intent. In most jurisdictions, the intent necessary to award punitive damages must be proved by “clear and convincing evidence,” which is a standard of proof somewhere between “preponderance of the evidence” (the normal civil standard of proof) and “beyond a reasonable doubt” (the normal criminal standard of proof). Other jurisdictions apply the “preponderance of the evidence” standard for proof of intent. It makes a real difference.
