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 (1819–1891)
“...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)
“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)