CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Presumptions & Burden of Proof
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Res Ipsa Loquitur (RIL)
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In General
............3rd Rqmt: No Particip. or Contrib. Neg.
4 Cards On This Topic:
Third requirement for RIL to apply.
Requirement that P not have contributed to accident does not mean that P have been completely inactive, but merely that there be evidence removing inference of own responsibility.
RIL instruction properly denied where 2 cars collide; second and third requirements not met.
P's conduct must not contribute to injury as condition for RIL.