What is the burden of proof in a negligence lawsuit?

In a negligence lawsuit, the burden of proof lies with the plaintiff, meaning that it is the plaintiff's responsibility to establish that negligence occurred. This involves presenting evidence that demonstrates the defendant breached a duty of care owed to the plaintiff, and that this breach directly caused harm or injury to the plaintiff.

The plaintiff typically must prove four key elements to establish negligence: the duty of care that the defendant owed to the plaintiff, a breach of that duty, causation linking the breach to the harm suffered, and actual damages resulting from that harm. Since the plaintiff bears this responsibility, they must gather and present sufficient evidence to convince the court of the validity of their claims. The higher the level of proof the plaintiff can provide, the more persuasive their case becomes.