What is a party’s burden of proof in a cruise ship accident?
In a cruise ship accident, the burden of proof generally falls upon the party seeking damages or other remedies in a court of law. This burden of proof, or the amount of evidence required to establish a claim in court, is known as the legal standard of proof. The majority of U.S. states, including New Hampshire, use a standard of proof called "Preponderance of the Evidence," in which the claimant must establish that it is more likely than not that the claim is true. In a cruise ship accident, this means that the plaintiff must provide sufficient evidence to show that the defendant – the cruise line – was negligent and responsible for the accident and/or injury, thereby causing damage or harm to the plaintiff. Furthermore, the plaintiff must also show that the accident occurred as a result of the defendant’s negligence and not due to any failure or fault on the part of the plaintiff. Depending on the specific legal claim being brought, the plaintiff might need to prove additional elements to establish their case. The plaintiff must prove their case to the satisfaction of the court using documentary evidence, pictures, witness testimony, and other forms of proof. Meeting this burden of proof can be difficult, and experienced legal counsel is strongly advised for all parties involved in a cruise ship accident.
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