Re "false accusation", who has the burden of proof?

Asked almost 2 years ago - Syosset, NY

If someone sue another person regarding false accusation, is it the plaintiff's burden to proof he didn't do that, or is it the defendant's burden to proof the plaintiff did do that?

Attorney answers (2)

  1. Paul Karl Siepmann

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . The burden of proof is on the Plaintiff to establish all the elements of their case. That being said, the truth is an absolute defense and accordingly the defendant may very well set out to prove their statement true. Remember, if the statement was made in the form of an opinion, you may have no cause of action at all.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  2. Mitchell Aaron Nathanson

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . Your question is quite confusing, but the burden is on the plaintiff to prove the tort and the damages.

    I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar... more

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