What must the plaintiff prove to recover punitive damages?

To recover punitive damages, the plaintiff must prove intentional harm or reckless disregard. Punitive damages are intended to punish a defendant for particularly egregious conduct and to deter similar future behavior. This level of proof goes beyond demonstrating that the defendant was merely negligent; instead, it requires showing that the defendant acted with a malicious intent or exhibited a conscious disregard for the rights and safety of others.

This standard reflects the principle that punitive damages are not meant to compensate the plaintiff for losses but rather to address the moral culpability of the defendant’s actions. Simple negligence, financial loss, and emotional distress, while potentially relevant to other types of damages, do not meet the threshold needed for punitive damages, as they do not adequately capture the severity or the wrongdoing characteristic of the conduct necessary to justify this type of punitive award. Therefore, the correct answer emphasizes the requirement of proving intentional or reckless behavior as the foundation for seeking punitive damages.