Intentional torts that lead to punitive damages arise from which type of negligence?

The correct answer relates to the concept of extreme willful and wanton negligence, which refers to actions that demonstrate a complete disregard for the safety or rights of others. This type of negligence goes beyond mere ordinary negligence, which typically results in compensatory damages meant to cover actual losses incurred by the plaintiff.

Punitive damages, on the other hand, are intended to punish the wrongdoer and deter similar conduct in the future. They are awarded when the defendant’s actions are found to be particularly egregious or reckless. Extreme willful and wanton negligence encompasses behavior that shows a conscious disregard for the consequences, which justifies the imposition of punitive damages.

In contrast, minor negligence or moderate negligence typically qualifies for only compensatory damages because they involve less serious lapses in duty of care. Negligence per se relates to violations of statutes or regulations that establish a standard of care. While it can lead to compensatory damages, it does not inherently encompass the extreme conduct necessary for punitive damages. Thus, only extreme willful and wanton negligence carries the potential for punitive damages due to the nature of the wrongdoing involved.