What is the Burden of Proof in a Manhasset Slip-and-Fall Lawsuit?

If you’re approaching a Manhasset slip-and-fall lawsuit, you may have heard about the “burden of proof.” This is an important concept in many legal cases, and personal injury lawsuits are no exception. But what exactly does this phrase mean? What do you need to prove as you approach your lawsuit? These are questions you might want to raise with your slip-and-fall lawyer in Manhasset.

The Burden of Proof Is a “Preponderance of Evidence”

In all civil cases, the burden of proof is a preponderance of evidence. While this phrase might seem complex, it is really quite simple: It means that you must establish that the defendant caused your injuries with a likelihood of more than 50%. In other words, their negligence is “more likely real than not.”

As the accuser, you shoulder the burden of proof. This is the same with all legal cases in the United States, as the accused is always presumed innocent until proven guilty. This is a constitutional reality, protected by the Fifth, Sixth, and Fourteenth Amendments.

Note that the burden of proof in criminal cases is much higher. While a store owner might face consequences for a slip-and-fall due to a preponderance of evidence against them, a defendant in a criminal case can only face consequences if their guilt is established “beyond a reasonable doubt.” In other words, it is theoretically easier for someone to achieve positive results as an accuser in civil court compared to criminal court.

What Do I Need to Prove During a Slip-and-Fall Case?

You may need to prove various “elements” of negligence during a slip-and-fall lawsuit. These include duty of care, breach of duty, causation, and injuries. In other words, you need to show that the store owner should have kept their premises safe, and that they failed to do so. You also need to show that this failure led directly to your injuries, and that your injuries are real.

The Burden of Proof Is Only Important During Trials

Keep in mind that the burden of proof only becomes a real issue during a trial. Most slip-and-fall cases do not end in trials, and parties negotiate financial settlements instead. Your lawyer can negotiate on your behalf in these situations with the underlying understanding that a trial could be possible.

Key Takeaways 

• The burden of proof lies with the accuser in all legal cases
• You must establish a “preponderance of evidence” in a slip-and-fall lawsuit
• A preponderance of evidence represents a likelihood of over 50%

Can a Manhasset Slip-and-Fall Lawyer Help Me Prove My Case?

One of the key tasks of a slip-and-fall lawyer in Manhasset is to help you prove that someone else caused your injuries. They may accomplish this goal with various evidence, including surveillance footage, witness testimony, medical records, and much more. To learn more about the burden of proof and your next steps, contact Cohan Law, PLLC today.

Sources: 

law.cornell.edu/wex/presumption_of_innocence

law.cornell.edu/wex/preponderance_of_the_evidence