civil liability

Civil liability is a legal obligation that requires a party to be held liable, or accountable, for causing harm to another. A party held civilly liable in a lawsuit must follow court-mandated orders. While the government determines criminal liability through criminal prosecution to redress a public wrong, act, or omission; cases determining civil liability are often filed by a private party to sue for damages, injunctions or other remedies. For example, in a personal injury case, an injured passenger in a car accident may be able to sue the driver responsible for the accident. 

A civil liability is usually a contractual liability or a tort liability. The defendant in a civil liability case is either “liable” or “not liable.” If a defendant is held liable, the court will order the defendant to pay or follow another remedy to the plaintiff, not to face the risk of incarceration, as in many criminal cases. The burden of proof standard in a civil case is lower than that of a criminal case. While criminal cases require proof beyond a reasonable doubt, determining civil liability often requires proof by a preponderance of the evidence.

[Last reviewed in April of 2026 by the Wex Definitions Team]

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