Proving Lack of Care of Bailee
In any action based on negligence, the plaintiff has the burden of proving lack of care by the defendant.
The general rule is that proof of delivery of goods to a bailee and failure of the bailee to return them makes it a prima facie case and the burden is cast upon the bailee to proceed with evidence rebutting the inference of negligence.
Catalfano v. Higgins, Del. Super., 56 Del. 136, 191 A.2d 330, 332, 6 Storey 136 (1963) Stated otherwise where a bailment exists and the item was in good condition upon delivery to the bailee and is not returned in the same condition, the presumption of negligence arises which the bailee must rebut. Balcar v. Aircrafters, Del. Super., 360 A.2d 155 (1996).