Res Ipsa Loquitor In General
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Res Ipsa Loquitor General Rule: Res Ipsa Loquitor-When the specific cause of an accident cannot be ascertained, the plaintiff may be able to prove that the accident was caused by defendant’s negligent conduct through the doctrine of Res Ipsa Loquitor. The doctrine applies when:
1. The accident was of the kind that ordinarily does not occur unless someone was negligent
• A majority-Defendant had exclusive control of the instrumentality that caused the accident
• Exclusive control:
a) Strict interp-when defendenat alone was, at the commencement of the accident in control of the thing that caused the accident
b) Liberal interp-when defendant’s connection with the accident indicated that it was probably caused by defendant’s negligent conduct.
Proves Breach & Cause • If you can prove 1 & strict interp-you have Res Ipsa Loquitor which creates inference of breach
Hypo: A building was built by contractor. Plaintiff moves in. 1 month later 4.0 earthquake, Plaintiff's building is collapsed while every other building is fine. Res Ipsa Loquitor?
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