What is the civil standard of proof for liquor liability claims?

In Georgia, the civil standard of proof for liquor liability claims is a preponderance of the evidence. This standard is often referred to as the "balance of probabilities" and means that a plaintiff must prove that it is more likely than not that the defendant was negligent and that negligence caused the plaintiff’s injuries. The preponderance of the evidence is the civil standard used in most civil cases, including liquor liability claims, and is less demanding than the criminal standard of beyond a reasonable doubt. To meet the standard of a preponderance of the evidence, the plaintiff must present enough evidence to support their claim that it is more likely than not that the defendant is responsible for their injury. The evidence presented must be sufficient to support the finding that the plaintiff’s claim is more probably true than not. This means that the evidence presented must be more convincing than the evidence presented by the defendant that denies the plaintiff’s claim. For example, if a patron is injured as a result of leaving a liquor establishment intoxicated, the plaintiff in the case must show that it is more likely than not that the establishment served the patron alcohol while they were visibly intoxicated or underage. To do this, the plaintiff must present enough evidence to indicate that the patron was, in fact, visibly intoxicated or underage and that the establishment served them alcohol knowing this fact. If the plaintiff can present enough evidence to meet the standard of a preponderance of the evidence, then the court may find in favor of the plaintiff.

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