CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Res Ipsa Loquitur (RIL)
.........Res Ipsa Instruction Proper
............Common Carriers
5 Cards On This Topic:
  • RIL arises when passenger injured on common carrier; common carriers held to higher standard of care.
  • Inference of negligence from happening of accident arises in cases where passenger injured on common carrier.
  • RIL properly given in bus accident case; miscellaneous technical defenses to instruction denied.
  • RIL instruction properly given where P injured when carrier in which riding struck by another vehicle not under carrier's control.
  • If evidence conflicting or doubtful whether common carrier caused injury, RIL instruction still proper.