Breach of Duty

Question 1

Res Ipsa Loquitur

Answer 1

“The thing speaks for itself”

1. The event is of a type that ordinarily does not occur without negligence
2. Defendant had exclusive control over the instrumentality or situation that caused the injury
3. The injury was not due to any voluntary action or contribution by plaintiff

Ex: hotels don’t have control over what guests do - no correlation