This fallacy originates from the Latin phrase "onus probandi incumbit ei qui dicit, non ei qui negat"). The burden of proof is on the person who makes the claim, not on the person who denies (or questions) the claim. The fallacy of the Burden of Proof occurs when someone who is making a claim, puts the burden of proof on another party to disprove what they are claiming.
Example of Burden of Proof
-
Ellis: "I believe that fairies exist."
Marty: "How can you prove it?"
Ellis: "I don't have to, if you can't prove that fairies don't exist."
This type of argument puts the burden of proof on the other person. - An employee claims harassment without proof, and argues that the employer cannot prove that she was not harassed.
The employee is the one making the claim and therefore bears the burden of providing evidence to support it, rather than requiring the employer to disprove it.
Note
This is a common fallacyAlternative Name: Onus Probandi
