In a Tort suit, who typically bears the burden of proof?

In a Tort suit, the burden of proof typically falls on the party making the claim, which in this context would be the inmate making the claim. This principle aligns with the general legal standard that requires the plaintiff (the person bringing the suit) to establish their claims through evidence. The inmate must demonstrate that the correctional facility or its employees acted negligently or otherwise violated their rights, leading to harm or injury.

This requirement for the claimant to prove their case is fundamental to the legal process, as it ensures that the defendant is not unjustly held liable without sufficient evidence. The legal framework often requires the plaintiff to meet a "preponderance of the evidence" standard, meaning that their claims must be more likely true than not.

Understanding this burden is essential because it emphasizes the responsibility of the claimant to provide evidence and substantiation for their claims, allowing for a fair assessment of the case based on the evidence presented to the court.