CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Res Ipsa Loquitur (RIL)
.........Res Ipsa Instruction Improper
............Small Boat Movement
2 Cards On This Topic:

RIL not appropriate where injury caused by proper reaction to sudden swell while riding in small boat. Balance of probabilities did not favor negligence.

RIL does not apply to injuries caused by sudden movements of small boats due to waves.