LEGAL PRINCIPLE: TORT LAW – Negligence – Contributory Negligence – Burden and Standard of Proof – Whether May Be Inferred from Plaintiff’s Own Evidence

The burden of proving contributory negligence rests on the defendant. Proof may be inferred from the plaintiff’s own evidence or from facts on a balance of probabilities. The defendant need not adduce independent evidence if the plaintiff’s testimony reveals contributory conduct. The standard is the civil balance of probabilities—not beyond reasonable doubt. The inference must be reasonable from the evidence. The court examines whether the plaintiff failed to take reasonable care for their own safety and whether that failure contributed to the damage. The defendant may rely on cross-examination and circumstantial evidence. The burden is on the defendant to persuade the court. The plaintiff’s own admissions can establish contributory negligence.