In a negligence lawsuit, who typically holds the burden of proof?

In a negligence lawsuit, the burden of proof is typically held by the plaintiff. This means that it is the responsibility of the plaintiff to present sufficient evidence to support their claims and to establish that the defendant acted negligently, thus causing harm. The plaintiff must demonstrate that the defendant owed a duty of care, breached that duty, and that this breach directly resulted in damages or injury.

This requirement aligns with the fundamental principle of civil law, where the party bringing the lawsuit must prove their case by a preponderance of the evidence. The plaintiff must provide enough evidence to convince the court that it is more likely than not that the defendant’s actions were negligent. In contrast, while the defendant may present evidence and arguments in their defense, they do not have the initial obligation to prove anything; they only need to create reasonable doubt about the plaintiff's claims or defend against the accusations made.