An evaluative fact is a fact that is plugged into a rule of law to determine if an action was reasonable or negligent. Here are some examples:
Scenario 1: A is driving their car down the road and runs a red light, hitting B in the intersection. The evaluative fact here would be whether A had enough time to stop before entering the intersection.
Scenario 2: A goes into a grocery store. While walking down the aisle, A falls and injures themselves because the floor was wet. The evaluative fact here would be whether there was proper notification about the floor being wet (for example, a wet floor sign).
[Last updated in May of 2023 by the Wex Definitions Team]