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 (18191891)
“Bowed by the weight of centuries he leans Upon his hoe and gazes on the ground, The emptiness of ages in his face, And on his back the burden of the world.”
—Edwin Markham (18521940)
“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 (18211867)