How can I establish negligence?


The burden of proof in a tort case, as in most civil law cases, is lower than the proof required in criminal law cases. In a criminal case, the prosecution must prove a person’s guilt beyond a reasonable doubt. To succeed in a personal injury lawsuit based on tort law, the plaintiff only needs to demonstrate that a majority of the evidence suggests that an injury was caused by the defendant’s careless actions. This standard of proof is known as “the preponderance of the evidence.” The different burdens of proof mean that a company might be acquitted of criminal charges stemming from its actions, but be found liable in a civil lawsuit stemming from the same actions.


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