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:
“I have found it impossible to carry the heavy burden of responsibility and to discharge my duties as King as I would wish to do without the help and support of the woman I love.... I now quit altogether public affairs, and I lay down my burden.”
—Edward VIII (1894–1972)
“When other helpers fail and comforts flee, when the senses decay and the mind moves in a narrower and narrower circle, when the grasshopper is a burden and the postman brings no letters, and even the Royal Family is no longer quite what it was, an obituary column stands fast.”
—Sylvia Townsend Warner (1893–1978)
“The fact that several men were able to become infatuated with that latrine is truly the proof of the decline of the men of this century.”
—Charles Baudelaire (1821–1867)