Negligence D' Proof of Negligence

1
Negligence D. Proof of Negligence
Somewhat more likely
Target Fact (determined by theory of case)
Evidentiary Fact
Banana peel has been there a long time
Banana peel is dirty and black
Somewhat more likely
(TheoryReasonable person would have picked the
banana peel up)
2
Negligence D. Proof of Negligence
Somewhat more likely
Target Fact (determined by theory of case)
Evidentiary Fact
Notice of recurring condition
Banana peels are frequently found there
Somewhat more likely
Theory negligent business practice rule
3
Negligence D. Proof of Negligence
Res ipsa loquitur 1) The accident must be of a
kind which ordinarily does not occur in the
absence of someones negligence.
4
Negligence D. Proof of Negligence
Burden of Proof Burden of producing
evidence Burden of persuasion Inference meets
the burden of producing evidence Presumption
shifts the burden of producing evidence (note
sometimes a presumption can shift the burden of
proof)
5
Negligence D. Proof of Negligence
Res ipsa loquitur 2) The accident must be
caused by an agency or instrumentality within the
exclusive control of the defendant.
6
Negligence D. Proof of Negligence
Res ipsa loquitur 3) the accident must not have
been due to any voluntary action or contribution
on the part of the plaintiff.