Section 12.18 Proof of Lack of Causation for Alleged Injury or Loss

• Library: Evidence 2017

b. (§12.18) Proof of Lack of Causation for Alleged Injury or Loss

The second exception to the general rule that absence of a similar happening is not admissible to prove negligence is that absence of a similar happening may be admitted as proof of lack of causation of injuries or loss alleged to have resulted under particular conditions. Included below are examples of cases in which the court allowed evidence of the absence of a similar happening to be admitted to prove lack of causation of injuries or...