Wed, May 18, 2016
Onus of Proof (onus probandi) is a legal term that means the burden or responsibility of proof.
When one person sues another, the law puts the onus of proof upon the person suing, the plaintiff, to satisfy the court that there is enough evidence to uphold the allegation that negligence of the person being sued, the defendant, caused the damages. In response, the defendant has an opportunity to demonstrate there was no negligence or that negligence rests elsewhere.
Concerning automobile insurance, when two motorists are involved in an accident, the one who alleges the other is negligent must prove the allegation of negligence.
In an accident involving a pedestrian, however, the motorist is presumed to be liable to the pedestrian, and it is up to the motorist to prove that he/she was not negligent.