Art. 2184.

In motor vehicle mishaps, the owner is solidarily liable with his driver, if the former, who was in the vehicle, could have, by the use of
the due diligence, prevented the misfortune. It is disputably presumed that a driver was negligent, if he had been found guilty or reckless
driving or violating traffic regulations at least twice within the next preceding two months.

If the owner was not in the motor vehicle, the provisions of Article 2180 are applicable. (n)

Art. 2185. Unless there is proof to the contrary, it is presumed that a person driving a motor vehicle has been negligent if at the time of the
mishap, he was violating any traffic regulation.

Art. 2188. There is prima facie presumption of negligence on the part of the defendant if the death or injury results from his possession of
dangerous weapons or substances, such as firearms and poison, except when the possession or use thereof is indispensable in his occupation or
business. (n)

Art. 2190. The proprietor of a building or structure is responsible for the damages resulting from its total or partial collapse, if it should be due
to the lack of necessary repairs. (1907)

Art. 2191. Proprietors shall also be responsible for damages caused:

(1) By the explosion of machinery which has not been taken care of with due diligence, and the inflammation of explosive substances which
have not been kept in a safe and adequate place;

(2) By excessive smoke, which may be harmful to persons or property;

(3) By the falling of trees situated at or near highways or lanes, if not caused by force majeure;

(4) By emanations from tubes, canals, sewers or deposits of infectious matter, constructed without precautions suitable to the place.

Requisites of Res Ipsa Loquitur

1.) The accident is of a kind which ordinarily does not occur in the absence of someone’ s negligence

2.) It is caused by an instrumentality within the exclusive control of the defendant

3.) The possibility of continuing negligence which would make the plaintiff responsible is eliminated

State Of Necessity

 Situation of present danger to legally protected interest in which there is no other remedy than the injuring of another’s also legally
protected interest.

Attractive Nuisance

 owners do not have a duty pf care towards uninvited persons

 owner is liable if he maintains in his premise dangerous instrumentalities or appliances of a character likely to lure children in play
and he fails to exercise ordinary care to prevent children of tender age from playing therewith.