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:
“Revolutions have never lightened the burden of tyranny: they have only shifted it to another shoulder.”
—George Bernard Shaw (1856–1950)
“Because of something told under the famished horn
Of the hunter’s moon, that hung between the night and the day,
To dream of women whose beauty was folded in dismay,
Even in an old story, is a burden not to be borne.”
—William Butler Yeats (1865–1939)
“The thing with Catholicism, the same as all religions, is that it teaches what should be, which seems rather incorrect. This is “what should be.” Now, if you’re taught to live up to a “what should be” that never existed—only an occult superstition, no proof of this “should be”Mthen you can sit on a jury and indict easily, you can cast the first stone, you can burn Adolf Eichmann, like that!”
—Lenny Bruce (1925–1966)