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Question 1

What does Res Ipsa Loquitur mean?

Answer 1

The thing speaks for itself

Question 2

Res Ipsa Loquitur allows the jury to do what?

Answer 2

Infer negligence when circumstances show the injury was more likely than not caused by defendant’s negligence

Question 3

Essentially for Res Ipsa Loquitur, the occurrence of an accident implies what?

Answer 3

Negligence

Question 4

Res Ipsa Loquitur is often applied to what kind of cases?

Answer 4

Slip and fall cases

Question 5

What are the two views for Res Ipsa Loquitur?

Answer 5

• majority: P must show D failed to meet the applicable standard of care
• minority: shifts the burden to D, and he must show sufficient evidence to support that he wasn’t negligent

Question 6

What are the elements of Res Ipsa Loquitur?

Answer 6

• probably negligence
• probably defendant
• Plaintiff was not responsible for the injury
• negligence was within the scope of the D’s duty to P

Question 7

If all of the elements of Res Ipsa Loquitur can be proven, what is the effect?

Answer 7

The defendant can establish his case through circumstantial evidence

Question 8

Why is it often the wrong answer if the pick says, “Plaintiff prevails under Res Ipsa Loquitur”?

Answer 8

Because Res Ipsa Loquitur only establishes the prima facie case, the jury can still find defendant not liable and plaintiff doesn’t necessarily prevail

Question 9

What is the “probably negligence” element of Res Ipsa Loquitur?

Answer 9

Event usually doesn’t happen if negligence isn’t present

Question 10

Does it have to be shown that negligence was the only cause for a Res Ipsa Loquitur case?

Answer 10

No, just that it was a likely cause

Question 11

What are some examples of the “probably negligence” element of RIL?

Answer 11

• rodents cooked in food

- doctor leaving something in a patient during surgery

Question 12

Who makes the decision about whether or not there was likely negligence in a Res Ipsa Loquitur case?

Answer 12

The jury, and expert testimony is allowed

Question 13

Why is finding glass in your canned spinach considered Res Ipsa Loquitur?

Answer 13

Because that doesn’t happen unless someone was negligent

Question 14

What is the “probably defendant” element of Res Ipsa Loquitur?

Answer 14

Plaintiff must prove that other responsible causes are sufficiently eliminated by the evidence, and the plaintiff ties the unreasonable conduct to the defendant (D is probably the responsible party)

Question 15

What are the two different views by which the “probably defendant” element of Res Ipsa Loquitur is proven?

Answer 15

• Traditionally: by showing D had exclusive control over the item
• Modernly: by showing D was more likely than not responsible for the negligent event

Question 16

What must be proven for the “plaintiff was not responsible for the injury” element of RIL?

Answer 16

P shows he didn’t set in motion the forces that resulted in his injury, but if he put himself in a position of peril or didn’t take precautions that doesn’t matter

Question 17

In layman’s terms, what has to be proven for a Res Ipsa Loquitur case?

Answer 17

P must show the harm causing event was:

• probably due to negligence
• the defendant was probably the culpable party
• plaintiff must convince the jury that each of these factors more likely than not exist

Question 18

Who has the burden of proof in a Res Ipsa Loquitur case?

Answer 18

The plaintiff, but once the presumption of negligence has been applied, the defendant has the burden of showing he wasn’t negligent, or the judge will direct a verdict for the plaintiff

Question 19

What happened in the Ybarra case?

Answer 19

The P’s shoulder was hurt while having a different surgery, so he sued all of the medical personnel that might’ve been responsible. The court made everyone explain their conduct

Question 20

How does the Ybarra case relate to Res Ipsa Loquitur?

Answer 20

If the plaintiff gets an usual injury while unconscious during the course of medical treatment, all the defendants that had any control over his body or the instruments that might’ve caused his injuries can be called on to prove the inference of negligence by giving an explanation of the conduct

Question 21

What are the two ways that a plaintiff can establish negligence?

Answer 21

• direct evidence

- circumstantial evidence

Question 22

How do you establish negligence through direct evidence?

Answer 22

Eyewitness testimony/video tape where personal knowledge or observation is available

Question 23

How does circumstantial evidence prove negligence?

Answer 23

Can require the drawing of an inference from other facts

Question 24

What is an example of circumstantial evidence that proves negligence?

Answer 24

Skid marks on the road can allow an inference that defendant was moving quickly

Question 25

When would circumstantial evidence be too weak to be admitted?

Answer 25

If it requires speculation instead of reasonable inference

Question 26

If you slip and fall on a banana, and you show that the peel was gritty and black, would that be enough to prove negligence?

Answer 26

It would allow a reasonable inference that it had been there a long time

Question 27

Who all has responsibility under the category of land owner?

Answer 27

- occupiers - possessors - owners - adverse possessors

Question 28

How do you determine a land occupier's duty to people injured on his land?

Answer 28

By looking at status, location, and relationship

Question 29

What duty does a landlord owe to his tenant?

Answer 29

He owes a duty to both tenants and guests for: - defects in common areas - negligent repairs - undisclosed dangerous conditions known to him

Question 30

What are considered common areas that a landlord has a duty for?

Answer 30

Lobbies, hallways, common staircases

Question 31

If a landlord chooses to make repairs, what is he liable for?

Answer 31

Those foreseeably injured from his negligent repairs

Question 32

When can a landlord owe a duty to protect tenants from third person attacks in common areas?

Answer 32

If he had notice that the tenants were being subjected to crimes

Question 33

Landlords have a duty to keep the premises in a way that doesn't increase what?

Answer 33

The risk to the tenants

Question 34

How do landlords fulfill their duty to keep the premises in a way that doesn't increase the risk to their tenants?

Answer 34

Keeping security measures in place, replacing lights, fixing broken locks, etc.

Question 35

Tenants are possessors of what part of the land?

Answer 35

Portion that is leased to them

Question 36

What are the two major duties of a landlord?

Answer 36

- protect tenants and visitors from criminal attacks | - fix defects in the property

Question 37

If there was an obvious defect that was reasonably apparent on the transfer of the land, is there a duty to warn or repair it?

Answer 37

No

Question 38

If a defect is latent and not apparent, what is the duty that a landlord owes to the tenant?

Answer 38

A duty to warn if the defendant wasn't aware and the landlord knew or should have known

Question 39

What is a lease?

Answer 39

Conveyance of land that makes the lessee the owner for a period of the lease, and the lessor has no more responsibility to upkeep the land (except in certain situations)

Question 40

What are the three situations that a landlord still owes a duty to the lessee of his land?

Answer 40

- the portions of the land he retains control of - his conduct in creating risks to others - disclosing dangerous conditions

Question 41

What is Res Ispa Loquitur?

Answer 41

When circumstantial evidence is used to prove breach of duty by showing negligence is more probable than not because an accident of that type doesn't usually happen without it