“If a plaintiff relies on res ipsa loquitur as a basis for proving the negligence of a defendant then the primary facts of the occurrence having been accepted, as they were in this case, the burden shifts on to the defendant to establish a defence and, as in this case, to establish a defence of “inevitable accident and act of God”. Where, however, a plaintiff pleads and relies on negligence by conduct or action, it is his duty to prove by evidence the conduct or action and the circumstances of its occurrence, giving rise to the breach of a duty of care. Then and only then does the burden shift to the defendant to adduce evidence to counter the inference of negligence.”
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