CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Res Ipsa Loquitur (RIL)
.........D's Burden to Overcome
............In General
2 Cards On This Topic:

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.

D has burden to overcome RIL presumption. Showing possibility injury could have occurred absent negligence insufficient.