In other cases, it may be much more difficult to prove that the defendant breached the duty of
care by a preponderance of the evidence.
Not exact matches
Under law, a victim
of medical malpractice has the burden
of proof in the case to demonstrate
by a
preponderance of the
evidence that the defendant health
care provider was negligent or «breached the standard
of care.»
Typically, the duty
of care is obvious and it is not difficult to establish that a duty
of care existed
by a
preponderance of the
evidence.
When there is a lawsuit for negligence in a personal injury case, the plaintiff is responsible for proving
by a
preponderance of the
evidence that the defendant breached their duty
of care.
People hurt in a car accident must prove
by a
preponderance of the
evidence that the defendant owed a duty
of care, breached the duty, caused the accident as a result
of the breach, and forced the plaintiff to incur damages.