Res ipsa loquitur Flashcards
1
Q
What does Res ipsa loquitur mean?
A
The thing speaks for itself
2
Q
What three conditions must be met?
A
1) D must have control over what caused the damage
2) The accident must be such as would not normally happen without carelessness
3) The cause of the accident must be unknown
3
Q
What are the opinions as to the effect of Res ipsa loquitur
A
It either:
1) Requires the Defendant to explain how the accident happened without his negligence
OR
2) It reversers the burden of proof onto the defendant
