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Tuesday, July 9, 2024

Res Ipsa Loquitur

Try not to make res ipsa loquitur more difficult than it has to be. In a negligence question ask:

1: whether the claimed injury is the kind of injury that generally could not have occurred unless the defendant was negligent. "The thing speaks for itself." and 2: whether the defendant was in control of whatever it is that injured the plaintiff. and 3: whether the plaintiff did not contribute to the cause of his/her own injury. If yes to all 3, do not grant the directed verdict. Plaintiff may not win the case, but shouldn't lose on that motion. If no to any of the 3, grant the directed verdict unless there's other evidence of negligence such that res ipsa loquitur will not be required for plaintiff to win the case.

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