What is the burden of proof for a tort case?

The burden of proof for a tort case is defined as "preponderance of the evidence." This standard means that the evidence presented must show that it is more likely than not that the claim is true. In practical terms, this signifies that the plaintiff must demonstrate that there is a greater than 50% chance that their allegations against the defendant are valid. This is a lower threshold than in criminal cases, where the requirement is "beyond a reasonable doubt," a much stricter standard due to the potential consequences of a criminal conviction.

In tort law, the focus is typically on compensating the injured party rather than punishing the wrongdoer, which is why the burden of proof is lower. The aim is to assess the preponderance of evidence surrounding the claims made by both parties and determine if the defendant's actions caused harm to the plaintiff. By requiring the plaintiff to meet this standard, the legal system can resolve disputes effectively and fairly, balancing the interests of both sides involved in the tort claim.