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Burden of Proof at Trial

In the absence of an admission which prevents the necessity of proof, burden of proof rests upon the party who has an affirmative issue.  In South, Inc. v. Moran Towing & Transp. Co., 252 F. Supp. 500 (S.D.N.Y. 1965), it was held that libellant has the burden of proof by a fair preponderance of the credible evidence to establish that the loss of its vessel was caused by the failure of the towing company’s personnel to exercise such reasonable care and maritime skill as prudent navigators employ for the performance of similar service.

The plaintiff has the burden of proof of the proximate cause of the damage suffered and the defendant has the burden of showing any sole proximate or superseding cause by a preponderance of the evidence.  The plaintiff has to prove their claims by a preponderance of the evidence, whether direct or circumstantial.

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