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

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?

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Attorney answers 2


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

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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 relationship. You should not rely upon free legal advice and I disclaim any liability for the results if you do.

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