In a negligence case where a rebuttable presumption of negligence applies, what must the defendant do to rebut this presumption?

In a negligence case where a rebuttable presumption of negligence applies, the defendant must introduce credible evidence to counter the presumption and establish that they were not negligent. This principle is rooted in the idea that once the plaintiff has established a prima facie case of negligence, the burden shifts to the defendant to present evidence that negates this presumption.

The introduction of credible evidence can take many forms, such as witness testimony, expert opinions, or physical evidence showing that the defendant acted reasonably under the circumstances. The goal is to present a compelling argument that either the standard of care was met or that the circumstances do not support the claim of negligence.

The other options do not adequately address the requirement to rebut the presumption. For instance, providing a written statement of defense does not constitute evidence and does not fulfill the need to counter the presumption actively. Similarly, filing a motion for summary judgment is a procedural mechanism that may not necessarily involve introducing evidence and is instead aimed at dismissing a case based on the absence of material facts. Lastly, admitting to some negligence could weaken the defendant's position rather than rebutting the presumption effectively. Therefore, introducing credible evidence of no negligence is the necessary step to counter the presumption and shift the burden of