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Negligence is a specific type of claim under the umbrella of tort law, wherein one party asserts that another has caused an injury and should be liable for damages in civil court. In a negligence suit, the plaintiff (the injured, suing party) bears the burden of proving that the defendant (the offending party or “tortfeasor”) is legally liable for harm done to the plaintiff. The plaintiff’s legal burden of proof is “by preponderance of the evidence,” which can be thought of as “at least 51% likely” or simply “more likely than not.” For the plaintiff to prove her claim, she must prove that the defendant (1) owed the plaintiff a duty, (2) breached that duty by his negligent behavior, and the breach was the (3) ...

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