Asked by JOSHUA MILLER on Jun 24, 2024
Verified
Res ipsa loquitur allows a judge or jury to infer that the defendant's negligence was, more likely than not, the cause of the plaintiff's harm.
Res Ipsa Loquitur
A legal doctrine that allows for the presumption of negligence in a lawsuit, given the type of accident or injury could not have occurred without negligence.
Negligence
Failure to exercise the care that a reasonably prudent person would exercise in similar circumstances, resulting in harm.
- Appreciate the role of causation in negligence claims, including actual cause and proximate cause.
Verified Answer
TP
Tiffany ParrishJun 25, 2024
Final Answer :
True
Explanation :
Res ipsa loquitur is a legal doctrine that allows a judge or jury to infer negligence on the part of the defendant if the accident that caused the plaintiff's harm is the kind that typically does not happen without negligence, the evidence rules out the possibility that the harm was caused by the plaintiff or third parties, and the defendant had exclusive control over the thing that caused the harm.
Learning Objectives
- Appreciate the role of causation in negligence claims, including actual cause and proximate cause.
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