§ 521 [Burden of Proof on Failure to Exercise Care]

If you are suing someone and claiming they were careless or negligent, the burden is on you to prove it. You cannot simply say someone failed to be careful and expect the other side to prove they were careful. The responsibility to show carelessness falls on the person making that claim.

This matters in cases like car accidents, slip and falls, or any situation where someone's careless actions caused harm. The person bringing the claim must gather and present enough evidence to convince the court that the other party did not act with the level of care that was required in that situation.