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Article: Defining 'res ipsa loquitur': concept traditionally used by plaintiffs to show negligence in an accident.(Legal Brief)
- Article from:
- LP/Gas
- Article date:
- March 1, 2008
- Author:
CopyrightCOPYRIGHT 2008 Questex Media Group, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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There is a legal concept known as "res ipsa loquitur" that allows a jury to infer that an accident was caused by the negligence of a party without actual proof of that negligence.
This inference can only occur when the evidence establishes that an injury occurred; the product that caused the injury was owned or controlled by the party against whom the inference is sought to be applied; the product that caused the accident would not ordinarily happen without negligence; there is no evidence that anyone had tampered with the product that has caused the injury; and the plaintiff has been injured by the product in question.
When this theory of liability has ...