Practice point: The charge is warranted only where a plaintiff establishes that (1) the type of accident at issue ordinarily does not occur in the absence of negligence; (2) the instrumentality causing the accident was in the defendant's exclusive control; and (3) the accident was not due to any voluntary action or contribution by the plaintiff.
Student note: A fall on a moving bus is not an event that ordinarily does not occur in the absence of negligence.
Case: Abrams v. Excellent Bus Serv., Inc., NY Slip Op 00311 (2d Dept. 2012).
Tomorrow’s issue: Duty to protect against assaults.
