CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Res Ipsa Loquitur (RIL)
.........In General
............Conditional RIL
8 Cards On This Topic:

Conditional RIL jury instruction.

Conditional RIL instruction explained.

Conditional RIL not appropriate unless P shows D's negligence the more probable explanation for accident.

Conditional res ipsa loquitur instruction is not required to be given if D establishes that he was free from negligence by evidence that cannot be rationally disbelieved.

When evidence as to whether injury caused by negligence conflicting, issue should be left for jury with instructions that if certain facts found to exist, RIL inference should be applied.

Where existence of fact giving rise to RIL is disputed, question must be given to jury before doctrine applies. Conditional RIL properly given where existence of first RIL requirement disputed.

Conditional RIL instruction must be given where sufficient evidence introduced to support all conditions.

Error to give RIL instruction where there is evidence which, if believed, would negate one of necessary preconditions to applicability of doctrine; conditional RIL appropriate.