What serves as the standard of proof in a negligence claim?

In a negligence claim, the standard of proof is centered on the "standard of probabilities," also known as the "balance of probabilities." This means that the party bringing the claim must demonstrate that their version of events is more likely than not to be true. This standard does not require the claimant to prove their case beyond a reasonable doubt, which is a higher standard typically used in criminal cases. Instead, it requires that the evidence presented leads the court to conclude that there is a greater than 50% chance that the defendant’s actions were negligent and that this negligence caused the harm suffered.

To successfully establish negligence, the plaintiff must prove that the defendant had a duty of care, breached that duty, and caused damages as a result of that breach. Under the standard of probabilities, the focus is on weighing the evidence and determining which party's explanation is more convincing. This approach facilitates access to justice in civil cases, where the intention is to resolve disputes based on the likelihood of events rather than requiring an unattainable level of certainty.

The other options do not appropriately represent the legal framework guiding negligence claims. The standard of severity and standard of guilt do not apply to civil negligence cases, as they are more relevant to criminal or disciplinary proceedings, while standard