UJI 13-1420. Res ipsa loquitur.

Plaintiff relies in part upon the doctrine of “res ipsa loquitur” which is a Latin phrase and means “the thing speaks for itself.” Plaintiff relies upon this doctrine to prove that the claimed defective condition of the product existed at the time the product was supplied by defendant [and that the defective condition was the result of a failure to use ordinary care]. In order for the jury to find that plaintiff has proved [this] [these] element[s] of plaintiff’s claim by reliance upon “res ipsa loquitur”, plaintiff has the burden of proving: 1. that a defective condition existed at the time plaintiff used the product; 2. the reasonable probability that the condition of the product was not substantially changed after it left the defendant’s possession[; and] [3. that the defect is of a kind which usually does not exist unless the supplier of the product has failed to use ordinary care]. If you find that plaintiff has proved [this] [these] proposition[s], then the law permits you to infer that the defective condition of the product existed at the time the product was supplied by defendant [and that the defect arose because of the supplier’s failure to use ordinary care]. If, on the other hand, you find that plaintiff has not proved [this] [these] proposition[s], or if you find, notwithstanding such proof, that the product was not supplied in a defective condition [or that defendant used ordinary care], then plaintiff cannot prove [this] [these] element[s] of plaintiff’s claim by reliance upon “res ipsa loquitur”.