Legal Definitions - burden of production

The burden of production refers to a party's legal obligation to present enough evidence on a particular issue to allow that issue to be considered by the judge or jury. It's about bringing forward sufficient information to make a claim or defense plausible enough to proceed, rather than being dismissed outright.

Think of it as clearing an initial hurdle. A party must produce enough evidence to establish a prima facie case – meaning, "on its face" or "at first sight" – that their claim or defense has some basis in fact. If this initial burden is not met, a judge can decide, as a matter of law, that there isn't enough evidence to even warrant a full trial or for the jury to consider the issue. This is distinct from the "burden of persuasion," which is the higher standard of convincing the judge or jury that your evidence is more believable or proves your case.

Here are some examples illustrating the burden of production:

• In a Personal Injury Lawsuit: Imagine a person (the plaintiff) sues a store for negligence after slipping on a wet floor. To meet their burden of production, the plaintiff must present some initial evidence to show:

  • The store owed them a duty of care (e.g., to keep the premises safe for customers).
  • The store breached that duty (e.g., there was a spill, and no warning sign was present for an unreasonable amount of time).
  • This breach caused their injury.

  They don't need to definitively prove the store was negligent at this stage, but they must provide enough evidence (like testimony about the spill, photos, or medical records) for a judge to agree that a reasonable jury could potentially find the store negligent. If they fail to provide any evidence on one of these points, the judge might dismiss the case before it ever reaches a jury.

• In an Employment Discrimination Claim: An employee alleges they were fired due to age discrimination. To satisfy their burden of production, they would need to present some evidence demonstrating:

  • They belong to a protected class (e.g., over 40 years old).
  • They were qualified for their job.
  • They suffered an adverse employment action (e.g., termination).
  • The circumstances surrounding their termination suggest discrimination (e.g., a younger, less experienced person was hired to replace them, or discriminatory remarks were made).

  The employee isn't required to prove discrimination at this initial stage, but merely to present enough evidence to create a reasonable inference of discrimination. If they cannot provide any evidence for these basic elements, a judge might grant a motion to dismiss the claim, preventing it from proceeding to a full trial.

• In a Breach of Contract Case: A small business owner sues a supplier for failing to deliver goods as agreed. To meet their burden of production, the business owner must present some evidence that:

  • A valid contract existed between them and the supplier (e.g., a signed agreement, emails confirming terms).
  • The supplier failed to perform their obligations under the contract (e.g., goods were not delivered, or were defective).
  • The business owner suffered damages as a result of the breach (e.g., lost sales, additional costs to find another supplier).

  The business owner doesn't need to convince the court that the supplier is liable yet, but they must provide enough evidence to show that a contract, a breach, and damages are plausible. Without this foundational evidence, the judge could rule that there's no legal basis for the claim to proceed.