Legal Definitions - burden of allegation

The burden of allegation, sometimes called the burden of pleading, refers to the legal responsibility of the person bringing a lawsuit (the plaintiff) to present enough specific facts in their initial legal documents to show they have a valid and plausible claim against the person being sued (the defendant).

It's not enough for a plaintiff to simply state a general complaint or a legal conclusion, like "the defendant was negligent" or "the defendant breached our contract." Instead, the plaintiff must provide concrete, non-conclusory facts that, if true, would make their claim seem believable and legally sound. If the initial complaint lacks these sufficient factual allegations, the court may dismiss the case early, often before any evidence is exchanged or a trial begins.

Here are a few examples to illustrate this concept:

• Example 1: Contract Dispute

  Imagine a small business owner, Sarah, sues a supplier, alleging they failed to deliver a crucial component. If Sarah's lawsuit merely states, "The supplier broke our agreement," she likely hasn't met her burden of allegation. This statement is a conclusion, not a factual assertion.

  To meet the burden, Sarah would need to allege specific facts, such as: "On June 1st, Sarah's company entered into a written contract with XYZ Corp. for the delivery of 50 custom-made circuit boards by July 15th, for a price of $5,000. XYZ Corp. failed to deliver any circuit boards by the agreed date, causing Sarah's company to halt production and lose $10,000 in sales." This provides specific dates, parties, terms of the agreement, the alleged breach, and the resulting harm, making the claim plausible.

• Example 2: Personal Injury Claim

  Consider a person, Mark, who sues a property owner after slipping and falling on their premises. If Mark's complaint simply states, "The property owner was negligent, and I was injured," a court would likely find this insufficient. It's a legal conclusion without supporting facts.

  To satisfy the burden of allegation, Mark would need to include facts like: "On October 20th, while visiting the defendant's grocery store, Mark slipped on a puddle of spilled milk in Aisle 3. The puddle had been present for at least two hours, as observed by other shoppers, and no 'wet floor' signs were displayed. As a direct result, Mark fractured his wrist, requiring surgery and incurring significant medical bills." These details provide a factual basis for the claim of negligence.

• Example 3: Employment Discrimination

  Suppose an employee, David, believes he was fired due to age discrimination. If his lawsuit only states, "My employer fired me because of my age," this would likely fail to meet the burden of allegation because it's a bare assertion of discrimination.

  To meet the burden, David would need to allege facts such as: "David, a 60-year-old employee with 25 years of excellent performance reviews, was terminated from his position as Marketing Director on March 1st. Two weeks prior, his supervisor made comments during a team meeting about the need for 'younger, more dynamic leadership.' David was subsequently replaced by a 32-year-old individual with less experience. Other employees over the age of 50 have also been terminated or demoted in the past six months." These specific allegations of age, performance, discriminatory comments, and replacement by a younger individual create a plausible claim of age discrimination.