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

In civil litigation, standard of proof is used to evaluate the evidence presented in a case to determine if the party making a claim has provided sufficient proof to support the claim. In the state of North Carolina, for a negligence claim, the standard of proof is one of preponderance of the evidence. Preponderance of the evidence means that the evidence presented needs to show that it is more likely than not that the defendant acted negligently and is liable for the damage claim. This is often referred to as the “balance of probabilities” or the “greater weight of the evidence”. To establish this, the plaintiff must present facts that point towards the defendant’s negligence and are substantial enough to outweigh the evidence that points away from negligence. In cases involving a claim that a professional was negligent, the plaintiff must show that the defendant acted with less than the expected skill and care used by members of the same profession. Professional negligence must be proven by evidence that shows the defendant violated the standard of care for the profession or field they are in. In North Carolina, the standard of proof for negligence is preponderance of the evidence. To demonstrate this, the plaintiff must show that the defendant acted negligently and is liable for the damage claim. In cases involving a professional, the plaintiff must present evidence that shows the defendant violated the standard of care for the profession or field they were in.

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