What is the civil standard of proof for liquor liability claims?
In Washington State, the civil standard of proof for liquor liability claims is known as preponderance of the evidence. This means that the plaintiff (the party making the claim) must prove, by a greater weight of evidence, that the defendant’s negligent act or omission caused their injury. This is a lower standard than the criminal standard of proof beyond a reasonable doubt, which requires the prosecutor to prove that the defendant is guilty beyond a reasonable doubt. Preponderance of the evidence requires the plaintiff to show that the defendant’s negligence was more likely than not to have caused the injury. It is a lower burden to meet than beyond a reasonable doubt but still requires that some evidence be presented in order to make a successful claim. For example, the plaintiff must establish that the defendant served alcohol to a minor, that the minor was impaired from the alcohol, and that the impairment caused the accident. In Washington, if the plaintiff is able to meet the civil standard of proof, the defendant can be found liable for intoxication-related injury or death. It is important to remember that the standard of proof for a liquor liability claim is lower than for a criminal charge, making it possible for a plaintiff to receive compensation for their injuries even if the defendant is not criminally charged.
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