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

In Pennsylvania, the civil standard of proof for liquor liability claims is known as preponderance of the evidence. This means that the plaintiff must prove that the defendant’s negligent actions were more likely than not the cause of the plaintiff’s injury or damages. The burden of proof shifts depending on the type of claim being made. For example, if the plaintiffs claims are based on negligent service, the plaintiff must prove that the defendant served liquor to a minor or a person who was already visibly intoxicated. If the claims are based on dram shop laws, the plaintiff must prove that the defendant directly or indirectly supplied the alcohol to the person responsible for the injury or damage. The plaintiff’s burden of proof can be satisfied by introducing witness testimony, physical evidence, expert testimony, or circumstantial evidence. In addition, Pennsylvania courts may apply a rebuttable presumption that the defendant is liable for the injury or damage when certain factors are present. These factors include the presence of an underage patron, or a person who was visibly intoxicated at the time of injury or damage. Overall, the civil standard of proof for Pennsylvania liquor liability claims is the preponderance of the evidence. The plaintiff must prove that the defendant’s actions were more likely than not the cause of the plaintiffs injury or damage, which can be achieved through witness testimony, physical evidence, expert testimony, or circumstantial evidence.

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

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