California, United States of America
The following excerpt is from Goodwin v. Braden, 134 Cal.App.2d 34, 285 P.2d 330 (Cal. App. 1955):
The Parker v. Womack case did reject the contention that the defense of unavoidable accident was limited to cases where the defendant relies upon evidence of a proximate cause beyond his control, and indicated it was available where there was no evidence that the accident was caused by factors other than the lack of care. The court pointed out in that case that the burden of showing unavoidable accident was not necessarily on the defendant; that a determination of unavoidable accident was also proper where the evidence merely shows that the plaintiff has failed in his proof.
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