In order to recover punitive damages from a defendant, a plaintiff has the burden of proving that the defendant is liable for compensatory damages and that either or both of the following aggravating factors were present and related to the injury for which compensatory damages were awarded:
(1) The defendant knew or ought to have known, in light of the surrounding circumstances, that his or her conduct would naturally and probably result in injury or damage and that he or she continued the conduct with malice or in reckless disregard of the consequences, from which malice may be inferred; or
(2) The defendant intentionally pursued a course of conduct for the purpose of causing injury or damage.
Section: Previous 16-55-202 16-55-203 16-55-204 16-55-205 16-55-206 16-55-207 16-55-208 16-55-209 16-55-210 16-55-211 16-55-212 16-55-214 16-55-215 16-55-216 NextLast modified: November 15, 2016