XI. Breach of Duty

Question 1

General Rule

Answer 1

P must point to specific conduct, act or an omission

Question 2

Proving Specific Conduct

Answer 2

• 1) Evidence of Custom–alwasy admissible, never conclusive
• 2) Res Ispa Loquitur: USed by desperate P who don’t know what happend.
  
  • Must prove substittue factss:
    
    • a. event does not ordinarly occur w/out neg
    • b. injury causing element wihtin d’s exclusive control
  • allows plaintiff to get to the jury
  • not applicable in med mal in GA