What is the “burden of proof” in sports injury cases?
The “burden of proof” in sports injury cases is the responsibility of the plaintiff, or the injured party, to prove their case. This means that the injured party must provide the court with sufficient evidence to demonstrate that the injury or illness in question was caused by the actions or negligence of the other party. This burden of proof is known as “preponderance of the evidence.” This means that the plaintiff must present evidence that makes it more likely than not that the defendant caused the injury or illness in question. In California, the plaintiff must also prove that the defendant had an obligation to take reasonable care to avoid causing the injury or illness in question. This obligation is usually established by showing that the defendant had a duty of care to the plaintiff, that the defendant breached that duty of care, and that the breach caused the plaintiff’s injury or illness. In sports injuries, some courts have held that a higher level of burden of proof should be met. This is because sports can be inherently dangerous, and there is a higher likelihood of injury or illness occurring without negligence on the part of any particular individual. Because of this, a “clear and convincing evidence” burden of proof may be used, where the plaintiff must provide evidence that it is substantially more likely than not that the defendant caused the injury or illness in question.
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