Res Ipsa Loquitur Flashcards
1
Q
Burden of Proof
A
The burden of Proof in civil claims is usually on the C to proof the D was negligent. Res Ipsa is an exception as it is on the D to prove they were not negligent. It translates to “the thing speaks for itself” meaning it is obvious negligence has occurred
2
Q
The C would have to show:
A
1) the thing causing the damages is under D’s sole control
2) injury was more likely than not caused by the negligence
3
Q
Scott V London and St Catherine Docks
A
The negligence was obvious and bags of sugar feel from a factory roof
