1, buildings or other facilities, as well as the collapse and falling off of shelving and hanging objects on buildings, which cause personal injury, the owner or manager shall bear the burden of proof for its no fault;
2. In the patent infringement lawsuit caused by the invention patent of the new product manufacturing method, the unit or individual that manufactures the same product shall bear the burden of proof that its product manufacturing method is different from the patented method;
3. In the lawsuit of compensation for environmental pollution damage, the injurer shall bear the burden of proof on the exemption reasons stipulated by law and the fact that there is no causal relationship between his behavior and the damage result;
4. If the highly dangerous operation causes damage to people, the injurer shall bear the burden of proof for the fact that the victim intentionally causes damage;
5. In the tort lawsuit that the defective product causes damage to people, the producer of the product shall bear the burden of proof for the exemption stipulated by law;
6.* * * If the same dangerous act causes damage to others, the person who commits the dangerous act shall bear the burden of proof that there is no causal relationship between his act and the damage result;
7, medical behavior caused by tort litigation, medical institutions have the burden of proof that there is no causal relationship between medical behavior and damage results;
8. If damage is caused by raising animals, the animal keeper or manager shall bear the burden of proof for the fault of the victim or the fault of the third party.
The legal principle of inversion of burden of proof;
1, definition: In general, the burden of proof in litigation is borne by the party claiming rights, but in certain circumstances, the law will stipulate that the defendant or the party counterclaiming shall bear the responsibility of proving that the facts claimed by it do not exist;
2. Scope of application: mainly applicable to product liability, intellectual property infringement, environmental pollution, labor disputes and other fields. When there is obvious information asymmetry between the parties, it is easier to apply the principle of inversion of burden of proof;
3. Purpose: to protect the vulnerable parties, balance the rights of both parties and ensure fairness and justice;
4. Conditions: Generally, it is necessary to meet specific statutory conditions, such as legal express provisions, contractual agreements or special relations between the parties;
5. Impact: The inversion of the burden of proof may increase the litigation burden of the defendant, so the defendant needs to prepare sufficient evidence in advance to deal with the possible inversion of the burden of proof.
To sum up, under certain circumstances, such as building collapse, patent infringement, environmental pollution, high-risk operations, defective products, * * dangerous behaviors, medical accidents, animal injuries, etc., the law stipulates that the burden of proof is reversed, requiring all owners, managers, producers, injurers, medical institutions and animal breeders to bear the corresponding burden of proof in infringement proceedings, prove their innocence or put forward reasons for exemption, which protects the victims to a certain extent.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1230
If a dispute arises due to environmental pollution or ecological damage, the actor shall bear the burden of proof under the circumstances that the law does not bear the responsibility or reduce the responsibility, and there is no causal relationship between the behavior and the damage.