Does the statutory presumption of negligence apply to a professional negligence case outside the context of medical malpractice?

California, United States of America


The following excerpt is from Huang v. Garner, 157 Cal.App.3d 404, 203 Cal.Rptr. 800 (Cal. App. 1984):

Although no California case has been found which applies the statutory presumption of negligence to a professional negligence case outside the context of medical malpractice, there is no reason to limit the presumption strictly to that context. The medical malpractice area is generally conceded to be the model for professional negligence actions generally and the instruction seems to us as applicable to the instant action as it would be to one based on medical malpractice. At least one other court has held violation of the Uniform Building Code to support an instruction on negligence per se in an action against professional design engineers. (Burran v. Dambold, supra, 422 F.2d 133 [10th Cir.1970].) 9

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