What is the standard of proof for negligence in civil litigation?

In civil litigation cases in the state of New Mexico, the standard of proof for negligence is that of a “preponderance of the evidence.” This means that in order for a case to be decided in favor of the plaintiff, the evidence presented must show that it is “more likely than not” that the defendant is liable for causing the harm. This is a lower standard than the criminal law standard of proof of “beyond a reasonable doubt.” The preponderance of the evidence standard typically consists of testimony from witnesses, as well as documents and other physical evidence in support of the case. A judge or jury must then evaluate the evidence presented by the parties to determine which side has the strongest argument. Some elements of negligence that must be established in order to meet a preponderance of the evidence standard include: the defendant owed the plaintiff a duty of care; the defendant breached that duty of care; and the plaintiff suffered harm as a result of that breach. In order for the plaintiff to succeed in a negligence case in New Mexico, they must present enough evidence to convince the decision-maker that it is more likely than not that the defendant is at fault. If that standard of proof is not met, then the case will be decided in favor of the defendant.

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