NO-EYEWITNESS RULE

no-eyewitness rule.Torts. The largely defunct principle that if no direct evidence shows what a dead person did to avoid an accident, the jury may infer that the person acted with ordinary care for his or her own safety. • In a jurisdiction where the rule persists, a plaintiff in a survival or wrongful-death action can assert the rule to counter a defense of contributory negligence. [Cases: Death 58(1). C.J.S. Death §§ 141–145, 213–214.] NO-FAULT

no-fault,adj. Of or relating to a claim that is adjudicated without any determination that a

party is blameworthy <no-fault divorce>. [Cases: Divorce 12. C.J.S. Divorce §§ 13–18, 70.]

[Blacks Law 8th]