OK · jury_instructions
OUJI-CIV No. 9.13
RES IPSA LOQUITUR — INFERENCE OF NEGLIGENCE
RES IPSA LOQUITUR — INFERENCE OF NEGLIGENCE
In addition to the rules which have been stated with respect to negligence, there
are situations in which a jury may, but is not required to, find negligence from the mere
fact that the accident occurred.
[Plaintiff] contends that this case involves such a situation, and consequently has
the burden of proving each of the two following propositions:
1. That the injury was caused by [(name of the instrumentality)/(description of
the act or omission)] which [was/(has been)] under the exclusive control and
management of [Defendant].
2. That the event causing the injury to [Plaintiff] was of a kind which ordinarily
does not occur in the absence of negligence on the part of the person [(in
control of the instrumentality)/(responsible for the act or omission)].
If you find that each of these propositions is more probably true than not true,
then you are permitted, but not required, to find that [Defendant] was negligent.
Provenance
- Source
- oscn.net
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
2b9d3e0935ea511bc22bc46e78a53c9325d786f61fc32066ec21bc9bc5569a4e
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