2021 Georgia Code
Title 24 - Evidence
Chapter 14 - Proof Generally
Article 1 - General Provisions
§ 24-14-9. Inferences From Evidence or Lack Thereof

In arriving at a verdict, the jury, from facts proved, and sometimes from the absence of counter evidence, may infer the existence of other facts reasonably and logically consequent on those proved.

(Code 1981, §24-14-9, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

- For article, "The Doctrine of Res Ipsa Loquitur in Georgia," see 9 Ga. B.J. 31 (1946). For note, "Res Ipsa Loquitur and its Application in Georgia," see 14 Mercer L. Rev. 427 (1963).

ANALYSIS

• General Consideration
• Res Ipsa Loquitur

RESEARCH REFERENCES

ALR.

- Liability for injuries by breaking or bursting of container in which goods are sold, 4 A.L.R. 1094.

Applicability of res ipsa loquitur to fall of person, 5 A.L.R. 282.

Presumption of negligence from throwing passenger from seat, 5 A.L.R. 1034.

Res ipsa loquitur as applied to automobile accidents, 5 A.L.R. 1240; 12 A.L.R. 668; 64 A.L.R. 255; 93 A.L.R. 1101; 79 A.L.R.2d 6.

Application of res ipsa loquitur doctrine to injury to passenger from defective or dangerous condition of floor of car, 7 A.L.R. 1675.

Applicability of "res ipsa loquitur" to explosion of gases or chemicals, 8 A.L.R. 500; 39 A.L.R. 1006; 59 A.L.R. 593.

Res ipsa loquitur as affected by circumstances tending to negative negligence by defendant, 22 A.L.R. 1471.

Applicability of res ipsa loquitur in case of boiler explosion, 23 A.L.R. 484.

Res ipsa loquitur as applicable to injury to passenger in a collision where one of the vehicles is not within carrier's control, 25 A.L.R. 690; 83 A.L.R. 1163; 161 A.L.R. 1113.

Res ipsa loquitur distinguished from characterization of a known condition as negligence, and the establishment of negligence by circumstantial evidence, 59 A.L.R. 468; 78 A.L.R. 731; 141 A.L.R. 1016.

Res ipsa loquitur in its relation to burden of proof and burden of evidence, 59 A.L.R. 486; 92 A.L.R. 653.

Res ipsa loquitur as applicable in action against municipality for injuries from dangerous condition in parks, streets, or highways, 74 A.L.R. 1226.

Pleading particular cause of injury as waiver of right to rely on res ipsa loquitur, 79 A.L.R. 48; 160 A.L.R. 1450; 2 A.L.R.3d 1335.

Debtor's intent to defraud or delay creditors within contemplation of attachment statute as inferable as matter of law from fact that he has removed or is about to remove property from the state without making adequate provision for his creditors, 92 A.L.R. 966.

Right or duty of court to instruct jury as to presumptions, 103 A.L.R. 126.

Presumption of ownership of automobile by one in whose name it is registered or whose license plates it bears, 103 A.L.R. 138.

Presumption against suicide as evidence, 103 A.L.R. 185; 158 A.L.R. 747.

Presumption of negligence from foreign substance in food, 105 A.L.R. 1039.

Res ipsa loquitur, or presumption, or inference of negligence on part of carrier where passenger is injured by object coming from outside, through or against, car window, 129 A.L.R. 1340.

Liability of manufacturer or packer of defective article for injury to person or property of ultimate consumer who purchased from middleman, 140 A.L.R. 191; 142 A.L.R. 1490.

Presumption that public officers have properly performed their duty, as evidence, 141 A.L.R. 1037.

Res ipsa loquitur as applicable in action against landlord for injury to person or property due to condition of premises, 145 A.L.R. 870.

Res ipsa loquitur as applicable to injury to person in street by fall of object in course of construction or repair of building, 146 A.L.R. 523.

Res ipsa loquitur as applied to a collision between a moving automobile and a standing automobile or other vehicle, 151 A.L.R. 876.

May presumption rest upon admission by opponent's pleading without proof of constituent fact, 153 A.L.R. 1106.

Physicians and surgeons: presumption or inference of negligence in malpractice cases; res ipsa loquitur, 162 A.L.R. 1265; 82 A.L.R.2d 1262.

"Res ipsa loquitur" as a presumption or a mere permissible inference, 167 A.L.R. 658.

Res ipsa loquitur doctrine as affected by injured person's control over or connection with instrumentality, 169 A.L.R. 953.

Presumption of negligence from foreign substance in food, 171 A.L.R. 1209.

Right of plaintiff in res ipsa loquitur case to an instruction respecting inference by jury, 173 A.L.R. 880.

Application of res ipsa loquitur rule in case of injury or damages from heating unit, electrical appliance, etc., installed by defendant, 3 A.L.R.2d 1448.

Overcoming inference or presumption of driver's agency for owner, or latter's consent to operation, of automobile, 5 A.L.R.2d 196.

Res ipsa loquitur in aviation accidents, 6 A.L.R.2d 528.

Death of or injury to occupant of airplane from collision or near collision with another aircraft, 12 A.L.R.2d 677.

Applicability of res ipsa loquitur to injuries or death sustained by collapse, failure, or falling of scaffold, 22 A.L.R.2d 1176.

Applicability of res ipsa loquitur doctrine to fall of object or substance from ceiling of place of public resort, 24 A.L.R.2d 643.

Error as to instructions on burden of proof under doctrine of res ipsa loquitur as prejudicial, 29 A.L.R.2d 1390.

Proof, in absence of direct testimony by survivors or eyewitnesses, of who, among occupants of motor vehicle, was driving it at time of accident, 32 A.L.R.2d 988.

Evidence of specific negligence as affecting reliance on res ipsa loquitur, 33 A.L.R.2d 791.

Liability for injuries occasioned by falling of awning or the like, 34 A.L.R.2d 486.

Res ipsa loquitur in Federal Employers' Liability Act cases, 35 A.L.R.2d 475.

Applicability of res ipsa loquitur or doctrine of exclusive control to injury or damage caused by fall of object from train, 41 A.L.R.2d 932.

Res ipsa loquitur doctrine with respect to firearms accident, 46 A.L.R.2d 1216.

Presumption or prima facie case of negligence based on presence of foreign substance in bottled or canned beverage, 52 A.L.R.2d 117.

Applicability of res ipsa loquitur doctrine in nonautomatic elevator accident cases, 56 A.L.R.2d 1059.

Liability of proprietor of store, office, or similar business premises for injury from fall on floor made slippery by tracked-in or spilled water, oil, mud, snow, and the like, 62 A.L.R.2d 6.

Liability of proprietor of store, office, or similar business premises for injury from fall or steps made slippery by tracked-in or spilled water, oil, mud, snow, and the like, 62 A.L.R.2d 131.

Liability of proprietor of store, office, or similar business premises for injury from fall down open stairway, or into trap door or similar floor-level opening, 66 A.L.R.2d 331.

Liability of proprietor of store, office, or similar business premises for fall due to improper lighting of steps or stairway, 66 A.L.R.2d 443.

Liability to patron of scenic railway, roller coaster, or miniature railway, 66 A.L.R.2d 689.

Applicability of res ipsa loquitur doctrine where objects being transported fall from motor vehicle, 66 A.L.R.2d 1255.

Comment, in argument of civil case, on adversary's failure to call employee as witness, 68 A.L.R.2d 1072.

Applicability of res ipsa loquitur where injury or damage results from contact with open door or tailgate of motor vehicle, 71 A.L.R.2d 375.

Sufficiency of evidence, in absence of survivors or of eyewitnesses competent to testify, as to place or point of impact of motor vehicles going in opposite directions and involved in collision, 77 A.L.R.2d 580.

Liability of manufacturer or seller for injury caused by automobile or other vehicle, aircraft, boat, or their parts, supplies, or equipment, 78 A.L.R.2d 460.

Liability of manufacturer or seller for injury caused by industrial, business, or farm machinery, tools, equipment, or materials, 78 A.L.R.2d 594.

Liability of manufacturer or seller for injury caused by paint, cement, lumber, building supplies, ladders, small tools, and like products, 78 A.L.R.2d 696.

Liability of manufacturer or seller for injury caused by toys, games, athletic or sports equipment, or like products, 78 A.L.R.2d 738.

Applicability of res ipsa loquitur doctrine where motor vehicle leaves road, 79 A.L.R.2d 6.

Applicability of res ipsa loquitur doctrine where motor vehicle stops on highway, 79 A.L.R.2d 153.

Applicability of res ipsa loquitur doctrine where motor vehicle turns over on highway, 79 A.L.R.2d 211.

Physicians and surgeons: res ipsa loquitur, or presumption or inference of negligence, in malpractice cases, 82 A.L.R.2d 1262.

Liability of physician for injury to esophagus or other internal organs occurring in course of gastroscopic examination, 88 A.L.R.2d 297.

Liability of owner or operator of theater or other place of amusement to patron injured by condition of or defect in lavatory, restroom, or toilet facilities, 88 A.L.R.2d 1090.

Res ipsa loquitur as ground for direction of verdict in favor of plaintiff, 97 A.L.R.2d 522.

Res ipsa loquitur with respect to personal injuries or death on or about ship, 1 A.L.R.3d 642.

Modern trends as to pleading a particular cause of injury or act of negligence as waiving or barring the right to rely on res ipsa loquitur, 2 A.L.R.3d 1335.

Effect of presumption as evidence or upon burden of proof, where controverting evidence is introduced, 5 A.L.R.3d 19.

Modern status of the rules against basing an inference upon an inference or a presumption upon a presumption, 5 A.L.R.3d 100.

Relation back of presumption of continuance of condition of property, 7 A.L.R.3d 1302.

Res ipsa loquitur in actions against owner or occupant of premises for personal injury, death, or property damage caused by fire, 8 A.L.R.3d 974.

Hospital's liability for negligence in connection with preparation, storage, or dispensing of drug or medicine, 9 A.L.R.3d 579.

Res ipsa loquitur in action against hospital for injury to patient, 9 A.L.R.3d 1315; 49 A.L.R.4th 63.

Liability for accident occurring in motor transportation of house or similar structure on public streets or highways, 9 A.L.R.3d 1436.

Liability of water distributor for damage caused by water escaping from main, 20 A.L.R.3d 1294.

Water distributor's liability for injuries due to condition of service lines, meters, and the like, which serve individual consumer, 20 A.L.R.3d 1363.

Applicability of res ipsa loquitur where plaintiff must prove active or gross negligence, willful misconduct, recklessness, or the like, 23 A.L.R.3d 1083.

Hospital's liability for injuries sustained by patient as a result of restraints imposed on movement, 25 A.L.R.3d 1450.

Liability, because of improper loading, of railroad consignee or his employee injured while unloading car, 29 A.L.R.3d 1039.

Aviation: helicopter accidents, 35 A.L.R.3d 707.

Malpractice: attending physician's liability for injury caused by equipment furnished by hospital, 35 A.L.R.3d 1068.

Liability in connection with fire or explosion of explosives while being stored or transported, 35 A.L.R.3d 1177.

Liability for injury to guest in airplane, 40 A.L.R.3d 1117.

Liability of owner or proprietor for injury or death caused by collision with glass door, panel, or wall, 41 A.L.R.3d 176.

Liability of one selling or distributing liquid or bottled fuel gas, for personal injury, death, or property damage, 41 A.L.R.3d 782.

Liability for alleged negligence of independent servicer or repairer of aircraft, 41 A.L.R.3d 1320.

Liability of vendor or grantor of real estate for personal injury to purchaser or third person due to defective condition of premises, 48 A.L.R.3d 1027.

Products liability: proof of defect under doctrine of strict liability in tort, 51 A.L.R.3d 8.

Products liability: necessity and sufficiency of identification of defendant as manufacturer or seller of product alleged to have caused injury, 51 A.L.R.3d 1344.

Liability for injury to or death of passenger from accident due to physical condition of carrier's employee, 53 A.L.R.3d 669.

Presumption of negligence and application of res ipsa loquitur doctrine in action for injury or damage caused by accidental starting up of parked car, 55 A.L.R.3d 1260.

Validity and construction of statute creating presumption or inference of intent to sell from possession of specified quantity of illegal drugs, 60 A.L.R.3d 1128.

Liability of innkeeper to guest for injury due to fire, 60 A.L.R.3d 1217.

Liability of owner or operator for injury caused by door of automatic passenger elevator, 63 A.L.R.3d 893.

Liability for injury caused by fall of person into shaft, or by abrupt drop, sudden movement, or stopping between floors, of automatic passenger elevator, 64 A.L.R.3d 950.

Liability of installer or maintenance company for injury caused by door of automatic passenger elevator, 64 A.L.R.3d 1005.

Liability of owner or operator for injury caused by failure of automatic elevator to level at floor, 64 A.L.R.3d 1020.

Res ipsa loquitur as applied to accident resulting from wheel or part thereof becoming detached from motor vehicle, 79 A.L.R.3d 346.

Products liability: liability for injury or death allegedly caused by defective tires, 81 A.L.R.3d 318.

Products liability: liability for injury or death allegedly caused by defect in snowmobile or other recreational-purpose vehicle, 81 A.L.R.3d 394.

Products liability: liability for injury or death allegedly caused by defect in mobile home or trailer, 81 A.L.R.3d 421.

Liability of power company for injury or death resulting from contact of radio or television antenna with electrical line, 82 A.L.R.3d 113.

Liability of manufacturer, seller, or installer for personal injury caused by door glass, 84 A.L.R.3d 877.

Res ipsa loquitur as applicable in actions for damage to property by the overflow or escape of water, 91 A.L.R.3d 186.

Application of res ipsa loquitur doctrine to accidents incurred by passenger while boarding or alighting from a carrier, 93 A.L.R.3d 776.

Applicability of res ipsa loquitur doctrine in action for injury to patron of beauty salon, 93 A.L.R.3d 897.

Products liability: toys and games, 95 A.L.R.3d 390.

Products liability: personal injury or death allegedly caused by defect in aircraft or its parts, supplies, or equipment, 97 A.L.R.3d 627.

Liability for injury on, or in connection with, escalator, 1 A.L.R.4th 144.

Products liability: liability of manufacturer or seller for injury or death caused by defect in boat or its parts, supplies, or equipment, 1 A.L.R.4th 411.

Products liability: industrial accidents involving conveyor belts or systems, 2 A.L.R.4th 262.

Products liability: defective vehicular windows, 3 A.L.R.4th 489.

Products liability: farm machinery, 4 A.L.R.4th 13.

Products liability: elevators, 7 A.L.R.4th 852.

Products liability: stud guns, staple guns, or parts thereof, 8 A.L.R.4th 70.

Products liability: transformer and other electrical equipment, 10 A.L.R.4th 854.

Products liability: cranes and other lifting apparatuses, 13 A.L.R.4th 476.

Products liability: cement and concrete, 15 A.L.R.4th 1186.

Products liability: tire rims and wheels, 16 A.L.R.4th 137.

Products liability: firefighting equipment, 19 A.L.R.4th 326.

Destruction of ampoule used in alcohol breath test as warranting suppression of result of test, 19 A.L.R.4th 509.

Res ipsa loquitur as to cause of or liability for real-property fires, 21 A.L.R.4th 929.

Res ipsa loquitur in aviation accidents, 25 A.L.R.4th 1237.

Products liability: stud guns, staple guns, or parts thereof, 33 A.L.R.4th 1189.

Applicability of res ipsa loquitur in case of multiple, nonmedical defendants - modern status, 59 A.L.R.4th 201.

Products liability: building and construction lumber, 61 A.L.R.4th 121.

Strict products liability: product malfunction or occurrence of accident as evidence of defect, 65 A.L.R.4th 346.

Liability for injury incurred in operation of power golf cart, 66 A.L.R.4th 622.

Applicability of res ipsa loquitur in case of multiple medical defendants - modern status, 67 A.L.R.4th 544.

Products liability: industrial refrigerator equipment, 72 A.L.R.4th 90.

Products liability: scaffolds and scaffolding equipment, 74 A.L.R.4th 904.

Products liability: tractors, 75 A.L.R.4th 312.

Products liability: bicycles and accessories, 76 A.L.R.4th 117.

Products liability: exercise and related equipment, 76 A.L.R.4th 145.

Products liability: trampolines and similar devices, 76 A.L.R.4th 171.

Products liability: competitive sports equipment, 76 A.L.R.4th 201.

Products liability: skiing equipment, 76 A.L.R.4th 256.

Adverse presumption or inference based on failure to produce or examine codefendant or accomplice who is not on trial - modern criminal cases, 76 A.L.R.4th 812.

Adverse presumption or inference based on party's failure to produce or question examining doctor - modern cases, 77 A.L.R.4th 463.

Products liability: general recreational equipment, 77 A.L.R.4th 1121.

Products liability: mechanical amusement rides and devices, 77 A.L.R.4th 1152.

Adverse presumption or inference based on party's failure to produce or examine that party's attorney - modern cases, 78 A.L.R.4th 571.

Adverse presumption or inference based on party's failure to produce or examine witness who was occupant of vehicle involved in accident - modern cases, 78 A.L.R.4th 616.

Liability of proprietor of private gymnasium, reducing salon, or similar health club for injury to patron, 79 A.L.R.4th 127.

Adverse presumption or inference based on party's failure to produce or examine spouse - modern cases, 79 A.L.R.4th 694.

Adverse presumption or inference based on party's failure to produce or examine friend - modern cases, 79 A.L.R.4th 779.

Adverse presumption or inference based on party's failure to produce or examine family member other than spouse - modern cases, 80 A.L.R.4th 337.

Adverse presumption or inference based on party's failure to produce or examine witness with employment relationship to party - modern cases, 80 A.L.R.4th 405.

Adverse presumption or inference based on state's failure to produce or examine informant in criminal prosecution - modern cases, 80 A.L.R.4th 547.

Products liability: lubricating products and systems, 80 A.L.R.4th 972.

Adverse presumption or inference based on state's failure to produce or examine law enforcement personnel - modern cases, 81 A.L.R.4th 872.

Adverse presumption or inference based on party's failure to produce or examine transferor, transferee, broker, or other person allegedly involved in transaction at issue - modern cases, 81 A.L.R.4th 939.

Admissibility of DNA identification evidence, 84 A.L.R.4th 313.

Products liability: Mechanical amusement rides and devices, 3 A.L.R.5th 851.

Malpractice in diagnosis and treatment of male urinary tract and related organs, 48 A.L.R.5th 575.

Products liability: ladders, 81 A.L.R.5th 245.