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

The civil standard of proof for liquor liability claims in North Carolina is by a preponderance of the evidence. This means a court must typically decide if it is more likely than not that a defendant was liable for an incident. In other words, it must be more probable than not that the defendant’s actions were the cause of the incident. A preponderance of the evidence requires more than just a suspicion that the defendant is liable. It must be shown that the defendant’s actions, or lack of action, were the primary cause of the incident. This could mean proving that the defendant was aware of the risk, yet still served alcohol to the plaintiff. In a liquor liability claim, the plaintiff must prove their case by a preponderance of the evidence. This means they must provide more evidence than the defendant to prove their case. Plaintiffs are not required to prove their case beyond a reasonable doubt, as is the standard in criminal cases. Ultimately, a court must decide if the plaintiff has provided enough evidence to prove their case. The court may weigh the credibility of each parties’ evidence to reach a decision. In North Carolina, liquor liability claims must be proven by a preponderance of the evidence.

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