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)
“A strange thing surely that my Heart, when love had come unsought
Upon the Norman upland or in that poplar shade,
Should find no burden but itself and yet should be worn out.
It could not bear that burden and therefore it went mad.”
—William Butler Yeats (1865–1939)
“There are some persons in this world, who, unable to give better proof of being wise, take a strange delight in showing what they think they have sagaciously read in mankind by uncharitable suspicions of them.”
—Herman Melville (1819–1891)