The Burden of Proof and other Procedural Devices in Tort Law

Abstract

This contribution deals with the (importance of the) burden of proof, especially in tort cases, and its relationship with procedural law in general, i.e. other devices within procedural law, most notably evidence law. To be more precise: I will analyse the burden of proof in European tort law systems against the background of the use of other procedural devices that might be of importance for the substantive law outcome of specific (liability) cases. Meant are of course such devices as presumptions (be it in the form of “Anscheinsbeweis”, “res ipsa loquitur” or otherwise) or the standard of proof (“Beweismaß”), but also procedural duties to supply information, and the like. To phrase my topic in more general terms: what is to be analysed here is the relationship between all these various (procedural) devices, including the burden of proof, when it comes to tort cases.