Flashcards Studio

In a civil action for damages, plaintiff Irene Santos sues defendant Metro City Construction, Inc. (owner) and ScaffoldTech Services (contractor) for injuries and property damage arising from a scaffolding collapse at a construction site in front of Santos's storefront. The incident occurred at 4:15 p.m. on August 3, 2025. Plaintiff alleges negligent maintenance and failure to place barricades around the scaffold caused the collapse. Defendant denies liability, contending the collapse was caused by an unforeseeable foundation subsidence; Defendants also claim barricades were in place and accessible. Plaintiff offers: (i) CCTV footage showing scaffolding with unsecured planks and lack of barricades immediately before the collapse; (ii) maintenance logs showing the last inspection of the scaffolding was four days prior, with notes indicating a needed replacement brace; (iii) an engineering assessment detailing probable maintenance failure; and (iv) two eyewitness affidavits. Defendants offer: (i) signed statement from a site supervisor attributing the collapse to a rare foundation condition; (ii) a city building-inspection certificate stating scaffolding was erected in compliance at the time; (iii) an unsigned neighbor statement claiming barricades were in place but unattended when the collapse occurred. The court must apply the civil standard of proof known as preponderance of evidence. (a) State the standard of proof in civil actions and which party bears the burden of persuasion. (b) Apply the facts to determine whether plaintiff has proven liability by preponderance of evidence and explain briefly.