What is the standard of proof for negligence in civil litigation?
The standard of proof for negligence in civil litigation in Washington is called the preponderance of the evidence. This standard is met when it is more likely than not that a certain fact was true or a certain event occurred. This means that the plaintiff in a case must prove that the defendant was more likely to be negligent than not. In Washington, plaintiffs must prove their case by providing facts or evidence that show that a defendant acted unreasonably or failed to act in a reasonable way, which resulted in injury or harm to the plaintiff. This burden of proof is one that is more likely than not. In other words, the plaintiff must prove that it is more likely the defendant caused the injury or harm than that there was no negligence. The court will consider any evidence provided, such as witness statements, medical records, contracts, and other evidence that can be used to prove the case. Evidence must be evaluated by the judge, who will consider all of the evidence to decide if the plaintiff has met the burden of proof. In Washington, the burden of proof remains with the plaintiff, even if the defendant does not present any evidence. It is up to the plaintiff to prove, by a preponderance of the evidence, that the defendant was at fault for the injury. If the plaintiff cannot do so, the case will be dismissed.
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