Res Ispa Loquitur Flashcards
1
Q
Res Ispa loquitur
A
Applies where it is difficult for the claimant to know exactly what they need even though it seems obvious that the defendant had been negligent
2
Q
Claimant has to show
A
The d was in control of the situation which caused the injury
Injury was more likely than not to have been caused by negligence
3
Q
Burden of proof
A
Moves to D to disprove the claim
Scott v London Katherine docks