Res Ipsa Flashcards
Res ipsa loquitur applies where
a plaintiff cannot prove a specific act of negligence, but the accident was something that ordinarily would not happen in the absence of negligence.
Usually occurs when you have “no evidence” to show it
Res ipsa loquitur creates a permissible inference of negligence, meaning that the Plaintiff has the burden of persuading the jury that it should infer that the rancher was somehow negligent.
Majority: Imost states, res ipsa loquitur merely creates a permissible inference of negligence. The jury can choose to infer that the defendant was negligent, but the jury is also free to conclude that the defendant was not negligent. The burden of proof is not shifted to the defendant, and the jury is free to reject the inference of negligence even if the defendant presents no evidence to dispute or rebut the inference.
In most states, res ipsa loquitur merely creates a permissible inference but does not shift to the defendant any burden of proof or burden of presenting evidence. There are only a few states(minority) where res ipsa loquitur shifts to the defendant the burden of going forward with evidence, meaning that the defendant is obligated to present some evidence to rebut the inference of negligence.
