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 camera relieves us of the burden of memory. It surveys us like God, and it surveys for us. Yet no other god has been so cynical, for the camera records in order to forget.”
—John Berger (b. 1926)
“I find it so difficult to dispose of the few facts which to me are significant, that I hesitate to burden my attention with those which are insignificant, which only a divine mind could illustrate. Such is, for the most part, the news in newspapers and conversation.”
—Henry David Thoreau (1817–1862)
“It comes to pass oft that a terrible oath, with a swaggering accent sharply twanged off, gives manhood more approbation than ever proof itself would have earned him.”
—William Shakespeare (1564–1616)