Asked by Mikayla Pearson on Jun 14, 2024

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Which of the following has been adopted by courts to aid plaintiffs in establishing negligence claims?

A) Res ipsa loquitur only.
B) Negligence per se only.
C) Assumption of the risk only.
D) Res ipsa loquitur and negligence per se.
E) Res ipsa loquitur,negligence per se,and assumption of the risk.

Negligence Per Se

A legal doctrine where an act is considered negligent because it violates a statute or regulation that is designed to protect the public.

Res Ipsa Loquitur

A legal doctrine that allows an inference of negligence to be drawn from the very nature of an accident or injury, in the absence of direct evidence on how the defendant behaved.

  • Utilize the concept of negligence per se and acknowledge its effects.
  • Comprehend the function of res ipsa loquitur in establishing negligence.
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Garywinthorp WinthorpJun 20, 2024
Final Answer :
D
Explanation :
The plaintiff has the burden of proving all four elements of a negligence case.Direct evidence of negligence by the defendant,however,is not always available.For example,there may have been no witnesses to the negligent conduct,and other evidence may have been destroyed.Therefore,two doctrines have been adopted by courts to aid plaintiffs in establishing negligence claims: res ipsa loquitur and negligence per se.