Doctrine of Res Ipsa Loquitur Flashcards
1
Q
What are the requisites for the applicability of the doctrine of res ipsa loquitur?
A
The following are the requisites:
(1) the occurrence of an injury;
(2) the thing which caused the injury was under the control and management of the defendant;
(3) the occurrence was such that in the ordinary course of things, it would not have happened if those who had control or management used proper care; and
(4) the absence of explanation by the defendant.
The most instrumental is the “control and management of the thing which caused the injury”.
(Professional Services, Inc. vs. Agana, G.R. No. 126297, January 31, 2007)
