What is the test for determining whether an injury probably was a result of negligence?
California, United States of America
The following excerpt is from Edelman v. Zeigler, 233 Cal.App.2d 871, 44 Cal.Rptr. 114 (Cal. App. 1965):
In determining whether an injury probably was the result of negligence, the courts and juries may draw upon common knowledge and the testimony of expert witnesses, as well as the circumstances relating to the injury in each particular case. (Wolfsmith v. Marsh, supra, at p. 835, 337 P.2d 70.)
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