What is the burden of proof in a professional negligence claim?
In Washington, when someone files a professional negligence claim to recoup damages due to the alleged negligence of a professional, they must prove three conditions in order to win the case. The plaintiff must show that: 1) the professional owed a duty of care to them; 2) the professional breached that duty of care; and 3) the breach of duty was the proximate cause of their damages. The burden of proof in a professional negligence claim falls on the plaintiff in Washington. This means that the plaintiff must provide evidence and testimony that accurately prove, beyond a reasonable doubt, that the three conditions described above have been met. This is known as a “preponderance of evidence” standard and is often a difficult standard to meet. The defendant in a professional negligence claim, on the other hand, is not responsible for proving anything. Their role is to provide evidence that either refutes the plaintiff’s claims or minimizes the amount of damage that has been done. By doing this, the defendant can reduce their liability and increase their chances of winning the case. Overall, the burden of proof in a professional negligence claim in Washington lies with the plaintiff. They must be able to show, through evidence and testimony, that the professional owed them a duty of care, that the professional breached that duty of care, and that the breach was the proximate cause of the damages. If these standards are met, the plaintiff has a good chance of being awarded damages for their losses.
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