Haft v. Lone Palm Hotel

In Haft v. Lone Palm Hotel (1970) 3 Cal. 3d 756, the decedents were found dead in the bottom of a hotel pool; no one had witnessed them drown, but the hotel owners had failed to comply with several safety regulations regarding pools. ( Id. at pp. 762-763.) The court held that where there is a substantial probability that the defendant's negligence was a cause of the injury and when such negligence makes it impossible as a practical matter for the plaintiff to prove proximate causation conclusively, it is appropriate to shift the burden to the defendant to prove its negligence was not a cause of the injury, i.e., in those circumstances, the burden was more appropriately borne by the party with greater access to information. ( Id. at p. 774, fn. 19.)