Clear and convincing evidence is the highest burden of proof in civil cases for such claims in which punitive damages are sought
Clear and convincing evidence in civil law is the highest burden of proof a plaintiff must meet. It is more than proving a “fact” by a mere “preponderance of the evidence.” Instead, the civil standard of clear and convincing proof resembles the degree of proof required in criminal cases, which is proof beyond a reasonable doubt.
In a product liability case, for example, the plaintiff will have to prove by clear and convincing evidence that the defendant’s conduct was not only reckless but that the defendant knew their product was both defective and dangerous to unsuspecting consumers.
The plaintiff must prove the defendant acted with reckless disregard for the safety of others and did so with conscious knowing and malicious intent. If proven, the plaintiff may recover punitive damages against the corporate defendant.
