Res Ipsa loquitur

Question 1

Scott V London and St Katherine’s docks

Answer 1

• C struck on head with 6 bags of sugar that fell form a crane at D’s warehouse
• Court decided the facts spoke for themselves and so it was for the D to prove they had not been negligent

Question 2

Mahon V Osbourne

Answer 2

• C had a swab left inside their body following an operation in hospital
• Swab was in control of doctor and there was no other explanation other than that the D was negligent