Negligence-Breach of Duty

Question 1

What is a breach of duty?

Answer 1

Where defendant’s conduct falls short of that level required by the applicable standard of care owed to the plaintiff, she has breached her duty.

Question 2

What is the doctrine of Res Ipsa Loquitur?

Answer 2

Stands for the proposition that the very occurrence of an event may tend to establish a breach of duty.

Question 3

What does the doctrine of Res Ipsa Loquitur require be shown?

Answer 3

The plaintiff must show:

(i) the accident causing the injury is a type that would not normally occur absent negligence, and
(ii) the negligence is attributable to defendant.

Question 4

How can you show that the negligence is attributable to the defendant for res ipsa?

Answer 4

By evidence that the instrumentality causing the injury was in the exclusive control of defendant.

Question 5

What is the effect of establishing res ipsa loquitur?

Answer 5

Plaintiff has made a prima facie case and no directed verdict may be given for defendant. Plaintiff can still lose though.

Question 6

When a defendant makes a motion for a directed verdict in a res ipsa loquitur case what must you do?

Answer 6

Deny defendant’s motion if plaintiff has established res ipsa loquitur. or other evidence of a breach

Grant defendant’s motion if plaintiff has failed to establish res ipsa loquitur and failed to present other evidence of breach