CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Res Ipsa Loquitur (RIL)
.........P's Burden of Proof
4 Cards On This Topic:
  • P's conduct must not contribute to injury as condition for RIL.
  • Medical malpractice P, relying on res ipsa loquitur, failed to raise triable issue of material fact that Ds were negligent, or caused her injuries; Ds met initial burden of producing evidence, shifting burden to P.
  • Where existence of fact giving rise to RIL is disputed, question must be given to jury before doctrine applies.
  • What P must show for RIL instruction.