What type of evidence is used to prove negligence in negligent security cases?
In Kansas, evidence used to prove negligence in negligent security cases typically consists of establishing that a person (the defendant) had a certain duty of care to the injured party (the plaintiff). For example, the defendant may have had a duty to ensure that a certain area was adequately secure, or to respond to certain security threats in a timely manner. In addition to this, there must also be evidence to show that such a duty was breached, resulting in some form of harm to the plaintiff. The plaintiff may present direct evidence of negligence, such as by providing eyewitness testimony, security log information, or other records that demonstrate that the defendant was aware of the security issue but failed to address it. Alternatively, the plaintiff may present circumstantial evidence to support their claim, such as by providing expert witness testimony to establish that the defendant was negligent in providing proper security. In any case, the plaintiff must demonstrate that the defendant had a duty to protect them, and that the defendant’s negligence led to direct harm or monetary losses for the plaintiff. While the defendant may present evidence to show that they did everything in their power to provide proper security, the court will consider all evidence presented in order to make a decision.
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