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:
“[Exchange] the galling burden of bachelorship for the easy yoke of matrimony.”
—James Madison (1751–1836)
“Come to me, all you that are weary and are carrying heavy burdens, and I will give you rest. Take my yoke upon you, and learn from me; for I am gentle and humble in heart, and you will find rest for your souls. For my yoke is easy, and my burden is light.”
—Bible: New Testament, Matthew 11:28-30.
Jesus.
“If some books are deemed most baneful and their sale forbid, how, then, with deadlier facts, not dreams of doting men? Those whom books will hurt will not be proof against events. Events, not books, should be forbid.”
—Herman Melville (1819–1891)