UT · jury_instructions
MUJI 2d CV327
Inference of fault (res ipsa loquitur).
You may infer that [name of defendant] was at fault if three things are proved by a preponderance of the evidence:
(1) that [name of plaintiff]'s injury was of a kind that, in the ordinary course of events, would not have happened if due care had been observed;
(2) that [name of plaintiff]'s actions were not responsible for the injury; and,
(3) that the cause of the injury was under the exclusive control of [name of defendant].
If you find that all three of these things have been proved, this is sufficient to support a finding of fault by [name of defendant] without expert testimony, unless proved otherwise. [Name of defendant] may introduce evidence to rebut the inference of fault.
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
20405973a1b0752e2cfd41997c67862c30a1541fb3b6c474450bf3b5b170afee
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