Breach of Duty: Res Ipsa

Res ipsa, if proven, allows P to [..1..] and P must still prove [..2..].

infer breach, negligence elements

For res ipsa, one requirement is that the accident is of a type that ordinarily [..1..] without [..2..].

not occur, negligence

For res ipsa, another requirement is that the [..1..] or agent that caused the injury was under the defendant’s [..2..].

instrumentality, exclusive control

Res ipsa only raises a [..1..] of [..2..].

permissible presumption, negligence

The jury can always [..1..] the res ipsa [..2..].

reject, inference

A defendant can [..1..] the res ipsa inference with evidence of [..2..].

rebut, due care

Argue res ipsa when [..1..] of the specific [..2..] is unavailable.

direct evidence, negligent act

The core elements of res ipsa are that the event [..1..] and the defendant had [..2..] of the instrumentality.

implies negligence, exclusive control

Res ipsa creates only a [..1..] [..2..] of breach.

permissible, rebuttable inference

Even if res ipsa applies, one must separately analyze [..1..], [..2..], and [..3..].

duty, causation, damages

Res ipsa loquitur, meaning "the thing speaks for itself," aids in […].

proving breach

Res ipsa creates a [..1..] it is not [..2..].

permissible inference, conclusive proof

Res ipsa is an [..1..] for breach, not a [..2..].

evidentiary doctrine, separate tort

The jury can always [..1..] the res ipsa [..2..], even if established.

reject, inference