Punitive Damages Proof California
Summary
To justify punitive damages in California, you must prove the defendant acted with malice, oppression, or fraud, and that their conduct was outrageous and caused harm. Clear and convincing evidence is required. To hold a company liable for an employees actions, you must show the employee acted within the scope of their employment, the employer knew or should have known about the actions, and the employer failed to take appropriate action. Additionally, you need to demonstrate that the defendant had a duty of care, breached that duty, and the breach directly caused harm.Full Conversation
What has to be proved that the company that the aforementioned was working for is liable for the employees actions
To hold a company liable for an employee's actions in California, you must prove:
- The employee was acting within the scope of their employment.
- The employer knew or should have known about the employee's actions.
- The employer failed to take appropriate action.
What's the California legal speak in regards to having to prove a defendant charged with punitive damages how to responsibility and duty to improve that duty
In California, to hold a defendant liable for punitive damages, you need to demonstrate that the defendant had a duty of care, breached that duty, and the breach directly caused harm. Furthermore, the defendant's actions must have been malicious, oppressive, or fraudulent.