Do presumptions of negligence incentivize optimal precautions?

Abstract In most jurisdictions, the burden of producing evidence on a contested issue traditionally falls plaintiffs. tort claim, this de facto creates presumption non-negligence in favor injurers. Some legal systems Europe placed renewed attention “presumed liability” rules, which instead create negligence against paper, we analyze effects alternative presumptions parties’ care incentives presence discovery errors. Differently from what was suggested prior research, show that do affect primary behavior: presuming injurer (not) negligent strengthens (weakens) his situations where plaintiff faces probatory difficulties. We how these should inform choice regimes to improve robustness liability and minimize dilutive effect imperfect individuals’ incentives.