What is a rebuttable presumption of negligence and how is it applied?
• We do not know of any cases in civil court where the rebuttable presumption of negligence has been applied as it relates to underground utility damages. Rebuttable presumption of negligence is a legal term. Blacks Law Dictionary defines rebuttable presumption as a presumption, which may be rebutted by evidence, otherwise called a disputable presumption. A species of legal presumption, which holds good until evidence contrary to it is produced. Further the definition of presumption states in part by which finding of a basic fact gives rise to existence of presumed fact until presumption is rebutted. The current law provides the violator the opportunity to prove, through evidence, that they were not guilty of such damages. In more simple terms if a situation exists it is presumed the actions leading to the situation occurred, these actions are presumed to be proven facts unless they can be rebutted by actual evidence.
• Staff does not know of any cases in civil court where the rebuttable presumption of negligence has been applied as it relates to underground utility damages. Rebuttable presumption of negligence is a legal term. Blacks Law Dictionary defines rebuttable presumption as a presumption, which may be rebutted by evidence, otherwise called a disputable presumption. A species of legal presumption, which holds good until evidence contrary to it is produced. Further the definition of presumption states in part by which finding of a basic fact gives rise to existence of presumed fact until presumption is rebutted. The current law provides the violator the opportunity to prove, through evidence, that they were not guilty of such damages. In more simple terms, if a situation exists it is presumed the actions leading to the situation occurred, these actions are presumed to be proven facts unless they can be rebutted by actual evidence.
