California Evidence Code

§ 646

EVID § 646Div. 5 · Ch. 3 · Art. 3

Statute text

(a)As used in this section, “defendant” includes any party against whom the res ipsa loquitur presumption operates.

(b)The judicial doctrine of res ipsa loquitur is a presumption affecting the burden of producing evidence.

(c)If the evidence, or facts otherwise established, would support a res ipsa loquitur presumption and the defendant has introduced evidence which would support a finding that he was not negligent or that any negligence on his part was not a proximate cause of the occurrence, the court may, and upon request shall, instruct the jury to the effect that:

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Legislative history

Added by Stats. 1970, Ch. 69.