Res Ipsa Loquitor

Question 1

Res Ipsa Loquitur Prima Facie Elements

Answer 1

1. Instrumentality of harm is under management of defendant or servants of defendant, AND
2. Type of accident that ordinarily happens due to negligence of class of actors which defendant is a relevant member

Question 2

Boyer (’67): Your agents were in charge rafters. The soccer moms didnt move ‘em.

Answer 2

Court; B/c defendants agents were supervising thing which caused injuries and injuries would not happen if reasonable care was used then defendant is liable.

Question 3

Shutt (’68): The store owner is not the insurer of the customers.

Answer 3

The storekeeper has duty to protect customers from known dangers and ones he discovers through reasonable care, he is not liable for unforeseeable accident however.

Question 4

Humphrey (’70): Preponderance of evidence: He could have hit his head on anything

Answer 4

Court states that there isn’t enough evidence to claim Res Ipsa doctrine to say injuries had to be result of the city’s negligence. He could have easily fallen down and hit his head on a bed in cell due to heavy intoxication.

Question 5

Escola (’44): When only fact is the thing was unaltered between defendant’s making it and plaintiff handling it.

Answer 5

Court; “Although it is not clear what caused the defect in the glass, there was evidence that it would not have ordinarily happened if due care had been used, and since no alteration between Coca-Cola and waitress, there is necessary requirements for a Res Ipsa claim.”