CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Res Ipsa Loquitur (RIL)
.........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.