What is the standard of proof required for a plaintiff in a negligence case?

In a negligence case, the standard of proof required for the plaintiff is "preponderance of the evidence." This means that the plaintiff must demonstrate that it is more likely than not that the defendant's actions were negligent and caused harm to the plaintiff. Essentially, this standard requires the evidence presented by the plaintiff to outweigh the evidence offered by the defendant, even if only slightly, in order to persuade the judge or jury of the plaintiff's claims.

The "preponderance of the evidence" standard is commonly used in civil cases, including tort claims like negligence, as it strikes a balance between the parties' positions and does not require the higher burden of proof that is necessary in criminal cases. In criminal cases, for instance, the standard is "beyond a reasonable doubt," which is significantly more stringent and is not applicable in negligence claims. Similarly, "clear and convincing evidence," while a higher standard than preponderance, is typically used in specific civil contexts, such as cases involving fraud or termination of parental rights. Finally, "absolute certainty" is an unrealistic standard, as it is practically impossible to provide evidence that is absolutely certain in most legal contexts, particularly in tort law.

Thus, "preponderance of the evidence" is the