MBE TORTS

Question 1

Res Ipsa (Def + 3 elements)

Answer 1

Res ipsa loquitur, Latin for “the thing speaks for itself,” is a legal doctrine that allows a jury to infer negligence if a ptf establishes the circumstantial evidence showing:
1. The incident is of a type that does not generally occur without negligence.
2. caused by an instrumentality solely in Def’s control.
3. The plaintiff did not contribute to causing their own injuries
creates a rebuttable presumption