Breach of Duty in Negligence

The breach of duty element is predominantly a […]

factual inquiry

The plaintiff must offer evidence of particular [..1..] by the defendant that falls short of the relevant [..2..] of [..3..]

behavior, standard, care

The defendant's specific behavior constituting the breach can be EITHER an [..1..] or an [..2..]

affirmative act, omission

To establish breach, one must identify the […] of the defendant

specific conduct

To establish breach, one must provide a reason why that conduct should be considered [..1..] because it falls short of the [..2..] of [..3..]

deficient, standard, care

Res Ipsa Loquitur is a doctrine used by plaintiffs who lack [..1..] or information to specify what the defendant [..2..]

direct evidence, did wrong

Res Ipsa Loquitur serves as a [..1..] for direct evidence of [..2..] of [..3..]

substitute, breach, duty

To invoke Res Ipsa Loquitur, Prong 1 requires showing the accident is of a type normally associated with […]

negligence

Prong 1 of Res Ipsa Loquitur is an appeal to [..1..], [..2..], and [..3..]

probability, typicality, common knowledge

Prong 1 of Res Ipsa Loquitur means that more often than not when such an event occurs, someone was […]

negligent

Prong 1 of Res Ipsa Loquitur can often be satisfied by appealing to the […] of the judge and jury without additional evidence

common knowledge

To invoke Res Ipsa Loquitur, Prong 2 requires showing the accident would normally be due to the negligence of someone in the […]

defendant's position

Prong 2 of Res Ipsa Loquitur means the plaintiff must show they have probably sued the […]

right person

Prong 2 of Res Ipsa Loquitur is often established by demonstrating the defendant had [..1..] of the [..2..] instrumentality

exclusive control, injury-causing

If Res Ipsa Loquitur is successful, the plaintiff is entitled to have the case go to the [..1..] even without [..2..] of breach

jury, direct evidence

Res Ipsa Loquitur helps the plaintiff [..1..] a motion for a [..2..]

withstand, directed verdict

Invoking Res Ipsa Loquitur does not mean the plaintiff […] the case

automatically wins

When Res Ipsa Loquitur is invoked, the jury remains free to [..1..] for [..2..] based on all the evidence

find, either party

One of the effects of res ipsa loquitur is that no […] may be given for the defendant

JMOL

Breach of duty is ordinarily a question for the trier of fact. However, when a plaintiff fails to offer ANY EVIDENCE of breach, that will permit […] for the defendant.

JMOL