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:
“The pleasure of leaving home, care-free, with no concern but to enjoy, has also as a pendant the pleasure of coming back to the old hearthstone, the home to which, however traveled, the heart still fondly turns, ignoring the burden of its anxieties and cares.”
—Herman Melville (1819–1891)
“[Exchange] the galling burden of bachelorship for the easy yoke of matrimony.”
—James Madison (1751–1836)
“A short letter to a distant friend is, in my opinion, an insult like that of a slight bow or cursory salutation—a proof of unwillingness to do much, even where there is a necessity of doing something.”
—Samuel Johnson (1709–1784)