What is the threshold of proof needed to win a negligent security case?

When filing a negligent security case in California, the plaintiff (the one filing the case) will need to prove that the defendant (the one being sued) was careless or negligent in providing security to the plaintiff. The plaintiff must be able to demonstrate the duty of care the defendant owed them, how the defendant breached that duty, and how this breach of duty resulted in harm. To win a negligent security case, the plaintiff must prove that the security the defendant provided was not “reasonably safe”, or that “reasonable care” was not taken, as is outlined in California Civil Jury Instructions (CACI). Depending on the case, the plaintiff must show that the defendant had knowledge of any risks that led to the injury and that, with this knowledge, there was a “failure to exercise due care.” The plaintiff must also be able to prove that the inadequate security did, in fact, directly cause the damages or harm. For instance, the plaintiff must be able to prove that the damages have resulted from the defendant’s failure to provide the “duty of care.” All in all, the plaintiff will need to prove what is known as a “preponderance of evidence.” This means that a court must be at least 51 percent convinced that the defendant’s negligence was the cause of the harm. To do this, the plaintiff must provide evidence that their case is more likely true than not.

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What is the threshold of proof needed to win a negligent security case?

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