Prima facie, meaning “at first sight,” is used to describe the apparent nature of something upon initial observation. The term prima facie is generally used to describe two things:
For most civil claims, a plaintiff must present a prima facie case to avoid dismissal of the case or an unfavorable directed verdict. The plaintiff must produce enough evidence on all elements of the claim to support the claim and shift the burden of evidence production to the respondent. For example, a plaintiff claims that her employer failed to promote her based on her sex. She must produce affirmative evidence showing that the employer used illegitimate, discriminatory criteria in making employment decisions that concerned the plaintiff. The employer, as respondent, does not have a burden to produce evidence until the plaintiff has made a prima facie case of employment discrimination.
Even if a prima facie case is permitted to go to trial, the plaintiff is not guaranteed to win the lawsuit. Civil lawsuits place the burden of proof on the plaintiff, and only if the plaintiff is able to provide a preponderance of the evidence will the court consider the claim to be valid.
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Prima facie in tort law aims to provide relief to the injured party for harms caused by others who harmed them with malicious intent, but in a way that is not technically or specifically unlawful. In order to proceed to trial, a plaintiff will need to prove that a defendant has met all the components of a prima facie tort case which typically are:
Client Reviews
Year of 2023 
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
7 months ago I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.
3 months ago Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.
a year ago We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!
a year ago They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!
5 months ago Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.
2 months ago Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.
11 months ago Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!
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