Towards a judicial reversal of the objective burden of proof in situations of evidence need in tort law?

According to the principle ‘actori incumbit probatio’, codified in many civil and procedural codes, each party carries the burden of proof for those elements that constitute the basis of his claim. This means that in tort law the injured party must prove fault, damage and causation. The tortfeasor must prove that he is not liable, i.a. because of force majeure, a fault of the victim or an act of a third party.status: publishe