What is the standard for awarding punitive damages in Georgia?

In Georgia, the correct standard for awarding punitive damages is "Clear and Convincing Evidence." This higher burden of proof is necessary because punitive damages are meant to punish the defendant for particularly egregious behavior and to deter similar conduct in the future. The clear and convincing evidence standard requires that the evidence presented must be highly and substantially more likely to be true than not, which aligns with the serious nature of awards intended to punish wrongful conduct.

The other standards mentioned do not apply in this context. The preponderance of evidence is typically the standard used in civil cases for proving liability but is not stringent enough for punitive damages, which require a more robust showing of intent or malice. Beyond a reasonable doubt is the standard used in criminal cases, reflective of the need for a very high level of certainty before penalizing someone with loss of liberty or significant rights—this standard is not applicable in civil tort cases. Lastly, substantial evidence is often a standard used in administrative law and does not specify the necessary level of certainty for punitive damages awards. Therefore, the requirement of clear and convincing evidence for punitive damages aligns with Georgia's legal principles for handling cases of particularly harmful conduct.