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)
“...many men choose a wife amid the deft-fingered clerks in preference to the society misses. The woman clerk has studied the value of concentration, learned the lesson that incites to work when a burden bears heavily upon her strength. She knows the word of self- reliance, and the fine courage that springs from the consciousness that a good result has been accomplished by a well-directed effort.”
—Clara (Marquise)
“The thing with Catholicism, the same as all religions, is that it teaches what should be, which seems rather incorrect. This is “what should be.” Now, if you’re taught to live up to a “what should be” that never existed—only an occult superstition, no proof of this “should be”Mthen you can sit on a jury and indict easily, you can cast the first stone, you can burn Adolf Eichmann, like that!”
—Lenny Bruce (1925–1966)