Now, see if you can make that stick

“The presumption of negligence is not a true presumption. It is an instructed inference of fact and is circumstantial evidence to be considered by the jury. It does not vanish when defendant introduces evidence of his due care in managing the injuring instrumentality, but remains in the case. The jury must weigh the circumstantial evidence of the plaintiff against the direct evidence of the defendant.” – Illinois Pattern Civil Jury Instructions, 22.01

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