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 burden of being black is that you have to be superior just to be equal. But the glory of it is that, once you achieve, you have achieved, indeed.”
—Jesse Jackson (b. 1941)
“Work is a responsibility most adults assume, a burden at times, a complication, but also a challenge that, like children, requires enormous energy and that holds the potential for qualitative, as well as quantitative, rewards. Isn’t this the only constructive perspective for women who have no choice but to work? And isn’t it a more healthy attitude for women writhing with guilt because they choose to compound the challenges of motherhood with work they enjoy?”
—Melinda M. Marshall (20th century)
“He who has never failed somewhere, that man can not be great. Failure is the true test of greatness. And if it be said, that continual success is a proof that a man wisely knows his powers,—it is only to be added, that, in that case, he knows them to be small.”
—Herman Melville (1819–1891)