Asked by Logan Tippett on Apr 30, 2024
Verified
You are walking down a street and you pass by a beer brewery.A barrel rolls out of a third story window and injures you.You have no idea how this accident occurred,and you will have difficulty proving that the brewery was at fault.What legal theory will serve you best if you sue the brewery?
A) Negligence per se
B) Res ipsa loquitur
C) Strict liability
D) Battery
Res Ipsa Loquitur
A legal doctrine stating that the mere occurrence of certain types of accidents implies negligence.
Brewery
A place where beer is commercially made.
Beer Barrel
A unit of measurement used for large volumes of beer, commonly equivalent to 31 US gallons in the United States.
- Identify the legal theories and defenses available in negligence cases, including res ipsa loquitur, assumption of risk, and exculpatory clauses.
Verified Answer
MD
Mejda DakhlaouiMay 01, 2024
Final Answer :
B
Explanation :
These circumstances occurred in the case discussed in the text,Byrne v.Boadle.Res ipsa loquitur comes into effect when (1)the defendant has exclusive control of the instrument of harm; (2)the harm would not occur unless there is negligence;and (3)the plaintiff was not responsible for the injury.
Learning Objectives
- Identify the legal theories and defenses available in negligence cases, including res ipsa loquitur, assumption of risk, and exculpatory clauses.
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