CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Presumptions & Burden of Proof
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Res Ipsa Loquitur (RIL)
.........P's Burden of Proof
4 Cards On This Topic:
P's conduct must not contribute to injury as condition for RIL.
Medical malpractice P, relying on res ipsa loquitur, failed to raise triable issue of material fact that Ds were negligent, or caused her injuries; Ds met initial burden of producing evidence, shifting burden to P.
Where existence of fact giving rise to RIL is disputed, question must be given to jury before doctrine applies.
What P must show for RIL instruction.