What is the burden of proving negligence in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Holloway v. United States, CASE NO. 2:12-cv-02120 MCE-CKD (E.D. Cal. 2017):
2. Plaintiffs have the burden to prove negligence by a preponderance of the evidence and must prove all of the following elements: "(a) a legal duty to use due care; (b) a breach of such legal duty; [and] (c) the breach as the proximate or legal cause of the resulting injury." Ladd v. County of San Mateo, 12 Cal. 4th 913, 917 (1996) (emphasis omitted).
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