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

In South Carolina, the standard of proof for negligence in civil litigation is known as the “Preponderance of the Evidence”. This means that one party must be able to show that their version of the facts is more likely to be true than the other party’s version. To meet this standard, the party must prove that the probabilities of the facts presented are more likely to be true than not. This means that the facts presented must have at least a 51% likelihood of being true for the court to find that they were proven with the preponderance of the evidence standard. So, when someone brings a claim of negligence in civil litigation, they must be able to present evidence that it is more likely than not that the other party was negligent. This could be witness testimony, expert opinions, physical evidence, surveillance tapes, photographs, and other documents or information that helps to prove the negligence. For example, if someone brings a claim for medical malpractice based on an assumption that the doctor did not act with the proper skill or care, the plaintiff must present evidence that it is more likely than not that the doctor did not meet the applicable standard of care. If the amount of this evidence is greater than 50%, then the defendant can be found negligent under the preponderance of the evidence standard.

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