What does the term 'burden of proof' refer to in health and safety cases?

The term 'burden of proof' in health and safety cases refers to the responsibility of one party to prove their claim or assertion in a legal context. In many legal systems, this typically falls on the party that brings the case to court. Establishing the burden of proof is crucial because it determines which party must present convincing evidence to support their arguments or claims during the proceedings.

In health and safety scenarios, for instance, an employer may have the burden of proof to demonstrate that they have taken reasonable steps to ensure the safety and health of employees. This concept is central to legal disputes, as it influences the strategies employed by both sides and the overall outcome of the case.