Does a defendant have to prove his or her negligence was not the cause of the injury?

California, United States of America


The following excerpt is from Denbraver v. Stenstrom, D074464 (Cal. App. 2020):

11. If a defendant has greater access to relevant information, he or she may be required to prove his or her negligence was not the cause of the injury. (See Harris v. Irish Truck Lines (1974) 11 Cal.3d 373, 377, 378 ["[W]hen a defendant is prima facie a wrongdoer and when evidence of the cause of an accident is more accessible to him than to the plaintiff -- California courts have frequently placed the burden on such defendant to demonstrate the actual cause of the accident"].) However, this case does not present such facts.

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