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

In West Virginia, the civil standard of proof for liquor liability claims is a preponderance of the evidence. This means that the plaintiff, or the person bringing the claim, needs to prove their case by showing that the facts they present make it more likely than not that the defendant, or the person against whom the claim is being brought, is liable. The preponderance of the evidence standard is the lowest standard of proof required in civil cases. It requires the plaintiff to show that the evidence presented by them, when weighed against the evidence presented by the defendant, is more likely than not true. It is a lower standard of proof than is required in criminal cases, which is proof beyond a reasonable doubt. In the case of liquor liability claims, the plaintiff usually needs to prove that the defendant sold or served alcohol to someone who was visibly intoxicated or underage, or that the defendant failed to take reasonable steps to prevent the intoxicated person from causing harm. The plaintiff usually has to provide evidence that they were harmed as a result of the defendant’s negligence in selling or serving alcohol to the visibly intoxicated or underage person. Essentially, the plaintiff needs to prove that it was more likely than not that the defendant’s negligence caused the plaintiff to suffer damages. If the plaintiff can do that, they can be awarded damages for their losses.

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

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