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Burden of proof of damage caused by defects of ship's dedicated articles


The inversion of burden of proof does not applicable to prove product defects, however, it can be determined whether the burden of proof is transferred due to the preliminary completion of proof according to the parties' capability of proving.

Both parties are equal commercial subjects in the disputes of liability of product quality related to dedicated articles of ship engineering, it is difficult to decide whether the products involved have defects through common sense or experiences. The general quoting rule of "who claims, who proves" is still applied in the case of damage caused by defects of such products.  Translated by Li SiRun