CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Res Ipsa Loquitur (RIL)
.........In General
............2nd Rqmt: Sole Control of Defendant
7 Cards On This Topic:

D must have exclusive control of agency or instrumentality causing accident for RIL to apply.

RIL instruction improper where instrumentality that caused injury not under D's exclusive control and it was equally probable accident caused by fault for which D not liable.

Operation of swinging doors in owner's store not under D's control for purposes of finding RIL for injury to business invitee. Second requirement not met.

RIL properly denied where P failed to show that instrumentality causing damage solely under D's control.

RIL inapplicable where instrument altered after it left D's control.

RIL instruction properly refused where 2 planes involved in midair collision; second requirement for RIL absent.

RIL instruction properly denied where 2 cars collide; second and third requirements not met.