Res Ipsa Loquitur

Question 1

General principle

Answer 1

in some cases, circumstantial evidence of negligence is sufficient evidence of negligence

Question 2

What does it mean

Answer 2

“the thing speaks for itself”

Question 3

Elements

Answer 3

1. the accident was of a kind that does not ordinarily occur in the absence of negligence
2. caused by an agent or instrumentality within the exclusive control of the defendant and
3. it was not due to any action on the part of the plaintiff

Question 4

Modern trend

Answer 4

applies elements generously:

1. accident is the type of accident that ordinarily happens as a result of negligence as a class of actors and
2. the defendant is a member of that class

Question 5

procedural effect

Answer 5

creates a permissible interference that allows the case to go to the jury