In a negligence lawsuit, who has the burden of proof to establish their defense?

In a negligence lawsuit, the burden of proof to establish a defense rests with the defendant. This is because in a legal context, the plaintiff initially presents their case, claiming that the defendant failed to meet a certain standard of care that resulted in harm. Once the plaintiff has established their case, the defendant is then required to provide evidence that supports their defense against the claims made by the plaintiff. This could involve demonstrating that they did not act negligently, that there was no duty of care owed, or that the plaintiff's actions contributed to their own injuries.

Understanding this distribution of the burden of proof is fundamental in legal proceedings, as it shapes how each side prepares and presents their evidence and arguments. In this case, the insurance company, while potentially involved in the overall process especially in matters of liability coverage, does not hold the burden of proof in the lawsuit itself; that responsibility is squarely on the defendant when responding to negligence claims.