Legal Definitions - preponderance of the evidence

The term preponderance of the evidence refers to the standard of proof most commonly used in civil lawsuits. It means that for a party to win their case, they must convince the judge or jury that their version of the facts is more likely true than not true. Essentially, the evidence presented must tip the scales of justice ever so slightly in their favor, even if it's just by a hair.

This standard is often described as requiring a greater than 50% chance that the claim is true. It is a lower standard of proof than "beyond a reasonable doubt," which is used in criminal cases, and reflects the different nature and consequences of civil disputes.

• Example 1: A Contract Dispute

  Imagine a small business owner sues a software developer, claiming the custom application they paid for was never delivered as promised, causing significant financial losses. To win the lawsuit, the business owner must present evidence—such as emails, contract documents, and testimony—that makes it more likely than not that the developer failed to uphold their end of the agreement. If the judge or jury believes there's a 51% chance or greater that the developer breached the contract, the business owner meets the preponderance of the evidence standard and would likely win the case.

• Example 2: A Personal Injury Claim

  Consider a situation where a pedestrian sues a driver for negligence after being struck by a car while crossing the street. The pedestrian claims the driver was distracted and failed to yield. To succeed in their claim for damages (like medical bills and lost wages), the pedestrian must demonstrate through evidence—such as witness statements, traffic camera footage, or accident reconstruction reports—that it is more probable than not that the driver's actions caused the accident and their injuries. If the evidence suggests even a slight leaning towards the driver's fault, the pedestrian has met the preponderance of the evidence standard.

• Example 3: A Property Boundary Dispute

  Suppose two neighbors are in disagreement over the exact location of their shared property line, and one neighbor sues the other for encroaching on their land by building a fence too far over. The neighbor bringing the lawsuit must provide evidence—such as official land surveys, historical deeds, or expert testimony—that convinces the court it is more likely than not that the fence is indeed on their property. If the presented evidence, even if not absolutely conclusive, tips the balance to show a greater probability that the fence is misplaced, the court would rule in favor of the suing neighbor.