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)
“for beauty with sorrow
Is a burden hard to be borne:
The evening light on the foam, and the swans, there;
That music, remote, forlorn.”
—Walter De La Mare (1873–1956)
“Sculpture and painting are very justly called liberal arts; a lively and strong imagination, together with a just observation, being absolutely necessary to excel in either; which, in my opinion, is by no means the case of music, though called a liberal art, and now in Italy placed even above the other two—a proof of the decline of that country.”
—Philip Dormer Stanhope, 4th Earl Chesterfield (1694–1773)