Final answer:
The burden of proof in negligence cases typically lies with the plaintiff, who must prove their claim based on a preponderance of the evidence.
Step-by-step explanation:
Typically, the burden of proof of negligence rests with the plaintiff. In the context of the American adversarial judicial system, the plaintiff is the party that brings a complaint or accusation against another party, usually seeking to prove that they were harmed by the defendant's negligence.
In a civil lawsuit, it is the plaintiff's responsibility to demonstrate that their claim is valid based on the evidence presented, and they must establish this by a preponderance of evidence. This standard is lower than the beyond a reasonable doubt requirement necessary in criminal cases. Therefore, the correct answer to who bears the burden of proof in cases of negligence is option D: plaintiff.