CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Res Ipsa Loquitur (RIL)
.........In General
............1st Rqmt: Usually Caused by Neglig.
6 Cards On This Topic:

First requirement for RIL to apply is that accident be of a kind which ordinarily does not occur in absence of someone's negligence.

RIL generally does not apply to injuries from air turbulence. First requirement not met.

RIL not proper 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 at sea due to waves. First requirement not met.

RIL instruction properly denied where P did little more than show possibility of negligence, rather than probability.

No RIL instruction absent adequate evidence injury type which usually does not occur absent negligence.