Which party usually has the burden of proof to show breach in a negligence case?

In a negligence case, the burden of proof typically rests with the claimant. This means that it is the responsibility of the claimant to provide sufficient evidence to demonstrate that the defendant breached a duty of care owed to them, and that this breach resulted in damages or injury.

The claimant must establish the elements of negligence, which include duty, breach, causation, and damages. By providing evidence of how the defendant failed to meet the expected standard of care, the claimant seeks to prove that the defendant’s actions (or lack thereof) directly led to their injuries. The necessity for the claimant to prove their case is fundamental to civil litigation, where the standard is usually "on the balance of probabilities."

The other parties mentioned do not generally carry this burden in a negligence claim. The defendant may present defenses or counter-evidence but is not required to prove anything initially until the claimant establishes their case. The judicial system oversees the proceedings but does not bear the burden of proof. Witnesses provide testimony to support the claims, but they do not carry the burden of proof either. Thus, attributing the burden of proof to the claimant aligns with standard legal principles in negligence claims.