Arkansas Code of 1987 (2023)
Title 16 - PRACTICE, PROCEDURE, AND COURTS (§§ 16-1-101 — 16-131-206)
Subtitle 5 - CIVIL PROCEDURE GENERALLY (§§ 16-55-101 — 16-68-607)
Chapter 55 - GENERAL PROVISIONS (§§ 16-55-101 — 16-55-220)
Subchapter 2 - CIVIL JUSTICE REFORM ACT OF 2003 (§§ 16-55-201 — 16-55-220)
Section 16-55-206 - Standards for award of punitive damages

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.

Acts 2003, No. 649, § 9.