CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Res Ipsa Loquitur (RIL)
.........Res Ipsa Instruction Proper
............D Has Superior Access to Facts
4 Cards On This Topic:

RIL proper even though D has no greater access to facts than P.

Rationale of RIL is that P should not be denied remedy merely because P ignorant of facts peculiarly within knowledge of D. Applies to medical patients.

Factor in applying RIL is that D may have superior knowledge of what occurred.

RIL proper where minor child suffers severe unexplained injury at nursery school.