CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Presumptions: Burden of Proof
.........Failure to Use Due Care
5 Cards On This Topic:

Presumption of failure to use due care.

PC 385(b) does not support negligence per se instructions w/in meaning of EC 669: no such duty of care owed by HOs to worker who was electrocuted while trimming their trees for unlicensed contractor.

No error to instruct jury to presume negligence and find for P if it found D ran stop sign and D's act proximately caused collision.

S.F.'s policy of giving sanctuary to illegal immigrants, one of whom murdered Vs, was not a breach of state and federal statutes and did not support a legally viable claim of negligence per se under EC 669.

Requirements for P to prove negligence per se under Evid. Code §669.