Negligence - Breach of Duty - Unspecified Negligence

Question 1

Res Ipsa Loquitur

Answer 1

The thing speaks for itself

Question 2

Byrne v. Boadle

Barrel

Answer 2

The fact that an unusual accident occurred is enough to presume negligence. A barrel fell on plaintiff that would not have fallen without some negligence.

Question 3

Old Res Ipsa Elements

Answer 3

The accident that produced the injury was one that typically would not happen without negligence

The instrumentality or agent that caused the accident was under the total control of the defendant

The circumstances showed that the plaintiff in now way caused or contributed to the accident.

Question 4

New Res Ipsa Elements

Restatement (Third)

Answer 4

The event is a kind that normally doesn’t happen without negligence

Other responsible causes, including the conduct of the plaintiff or third person, are sufficiently eliminated by the evidence

The indicated negligence is within the scope of the defendant’s duty to the plaintiff

Question 5

Res Ipsa - Another Formulation

Restatement (Third)

Answer 5

Negligence can be inferred when the accident causing the harm is the type which ordinarily happens as a result of the negligence of a class of actors that the defendant is a member of.

Question 6

Res Ips Jury Instructions

S

Answer 6

When juries are instructed on res ipsa, they are told they may draw an inference of negligence if all the elements are met but don’t have to

Question 7

Res Ips Presumption of Negligence

Answer 7

Some courts say res ipsa is a presumption of negligence rather than an inference. Once the presumption is met, it falls on the defendant to prove otherwise

Question 8

Res Ipsa With Alternate Story

Answer 8

If the defendant offers an alternate story, the case still must go to trial since the jury might not believe the defendant

Question 9

Koch v. Norris Public Power District

No Other Explanation

Answer 9

A plaintiff can use res ipsa when there is no other substantial, significant or probable explanation of the accident. Defendant’s power line broke and fell in pleasant weather, causing a fire that harmed plaintiff’s property.

Question 10

Res Ipsa Getting to a Jury

Answer 10

Judges use common sense to decide if res ipsa applies, and once they determine jurors have the common life experience to decide, it goes to a jury.

Question 11

Res Ipsa - Certainty vs. Probability

Answer 11

Some courts require a certainty of negligence, rather than a probability

Question 12

Res Ipsa for Rear Enders

Answer 12

Some courts allow juries to use res ipsa for rear enders

Question 13

Warren v. Jeffries

Other Probable Explanation

Answer 13

A plaintiff cannot use res ipsa when there could be another probable explanation other than the defendant’s negligence. Kids were in the back seat of a call that started rolling downhill. One jumped out and the car rolled over him.

Question 14

Howard v. Wal-Mart Stores, Inc.

Answer 14

Statistical evidence alone is generally not enough for a jury to find for the plaintiff. She must support the statistical evidence with other evidence. Plaintifff sued for a slip and fall case and presented no evidence except statistics.

Question 15

Plaintiff Withholding Evidence

Answer 15

If a plaintiff has evidence he fails to present, the court may take it as the evidence is unfavorable to the plaintiff and not allow res ipsa.

Question 16

Res Ipsa with Specific Evidence

Answer 16

Traditionally, courts didn’t allow the plaintiff to use res ipsa in combination with specific evidence of the defendant’s negligence. Now some courts do as long as the evidence doesn’t give a complete explanation of the accident.

Question 17

Lowrey v. Montgomery Kone, Inc.

Contradcting Evidence

Answer 17

If expert witnesses are needed and give contradicting testimony, that does not rule out res ipsa.

Question 18

Giles v. City of New Haven

Plaintiff Contributes to Injury

Answer 18

Res ipsa can be used if the defendant doesn’t have total control of the instrumentality that caused the injury as long as a jury could find it more likely than not that the accident was caused by the defendant’s negligence. Res ipsa can be used even if the plaintiff contributed to the injury. Plaintiff was operating an elevator when it broke.

Question 19

Res Ipsa - Total Control of Defendant Applied Loosely

Answer 19

Many courts apply the element that the defendant must have exclusive control loosely so cases can get to a jury. So, sometimes it’s enough to say that the defendant was one of the people who had control. But if the evidence suggests the defendant wasn’t negligent, the control rule may not permit res ipsa.

Question 20

Res Ipsa - Defendant not in Control

Escola v. Coca Cola Bottling Co.

Answer 20

Some courts allow res ipsa even if the defendant was not in control at the time of the accident as long as the plaintiff proves there were no other causes. For example, if a soda bottle explodes and the plaintiff proves it was defective and nothing else caused the bottle to explode, she can use res ipsa.

Question 21

Collins v. Superior Air-Ground Ambulance Service, Inc.

Answer 21

Res ipsa can apply when two defendants have consecutive control over a plaintiff. Plaintiff’s daughter admitted her to a nursing home for a few days. Plaintiff was dehydrated and had a broken leg when the daughter returned. Plaintiff sued the nursing home and transportation company. This rule is rarely used.

Question 22

Res Ipsa - On-Going Relationship

Restatement (Third)

Answer 22

If two parties have an on-going relationship in which they share responsibility for dangerous activities, and one is negligent, it’s proper to use res ipsa against both.