Breach

Question 1

Res Ipsa Loquitur

Answer 1

“the thing speaks for itself”
1) Event does not ordinarily occur without someone’s Negligence.
2) Caused by an agency or instrumentality within the exclusive control of the defendant.
3) must not have been due to any voluntary action or contribution on the part of the Plaintiff. (only the Defendant’s Fault)
Evidence supporting these 3 Conditions must prove “More Likely than Not” that the Defendant acted negligently.
(does not need to eliminate other possible causes)

Question 2

3 Burdens of Proof (Negligence Claim)

Answer 2

Burden of Proof (Negligence Claim):
- Plaintiff’s BOP = To Establish that the defendant acted carelessly.

Burden of Production (“produce” evidence)

• to “produce” evidence supporting an alleged fact or set of facts.
• e.g. a police report stating a driver was speeding. (in a car accident resulting from “alleged” negligence)

Burden of Persuasion (“persuade” more likely than not Defendant acted as the Plaintiff alleges)
- preponderance of the evidence standard (51% CHANCE = Tie goes to the Defendant)

Question 3

Breach

Answer 3

Proof of Carelessness (behavior below the Standard of Care)