What are the elements of a prima facie case in civil litigation?

In New Mexico, a prima facie case is a standard used to determine the success of a civil lawsuit. To meet this standard, the plaintiff must prove four elements. First, the plaintiff must show that a duty or obligation exists due to some sort of agreement or law. Second, the plaintiff must demonstrate that the defendant breached that duty. Third, the plaintiff must prove that the breach actually caused the injury or damages suffered by the plaintiff. Finally, the plaintiff must show that the damages incurred were measurable, such as medical bills, lost wages, or pain and suffering. If these four elements are met, a plaintiff has established a prima facie case, meaning they have a viable legal claim against the defendant. A defendant then has two options: accept liability or defend themselves. If a defendant defends themselves, they must attempt to show that either the elements of the prima facie case are not met or that there are extenuating circumstances that mitigate their liability. If the defendant fails to do this, they may be held liable for the damages, as the plaintiff has met the burden of proof.

Related FAQs

What are the elements of a prima facie case in civil litigation?

Related FAQs

Related Blog Posts