Burden of Proof
In some jurisdictions, the defendant has to prove the negligence of a plaintiff or claimant. In others, the burden of proof is on a plaintiff to disprove his or her own negligence. The tortfeasor may still be held liable, if he or she had the last clear chance to prevent the injury (the last clear chance doctrine).
Read more about this topic: Contributory Negligence
Famous quotes containing the words burden of, burden and/or proof:
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—John Berger (b. 1926)
“If your friend has displeased you, you shall not sit down to consider it, for he has already lost all memory of the passage, and has doubled his power to serve you, and, ere you can rise up again, will burden you with blessings.”
—Ralph Waldo Emerson (1803–1882)
“If some books are deemed most baneful and their sale forbid, how, then, with deadlier facts, not dreams of doting men? Those whom books will hurt will not be proof against events. Events, not books, should be forbid.”
—Herman Melville (1819–1891)