In a negligence case, the plaintiff must prove that all negligence elements existed

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In a negligence case, the standard of proof required is "by a preponderance of the evidence," meaning the plaintiff must show that it is more likely than not that the defendant was negligent. This is a lower standard of proof than "beyond a reasonable doubt," which is used in criminal cases, or "clear and convincing evidence," which is a higher standard used in some civil cases. "With overwhelming evidence" is not a standard legal term of art for the burden of proof.

In a Negligence Case, the Plaintiff Must Prove That All