wi25_law_120_torts outline

Exam and Appointment Discussions

• Several students reached out to schedule appointments for exam discussions.

  • Each appointment is typically around 20-30 minutes long.

  • Meetings are not required but encouraged for feedback.

• Students are advised to prepare specific questions for discussions rather than expecting lengthy personal essay responses.

Review of Previous Material

• Last class covered negligence per se.

• Current week focuses on res ipsa loquitur (Latin for "the thing speaks for itself").

  • It applies when an injury occurs, but the exact details are unclear.

  • Utilizes a different approach for proving negligence, emphasizing inference rather than direct evidence.

Key Terms Explained

• Negligence per se: Violating a statute that causes harm can imply negligence without needing to prove standard negligence elements.

• Res ipsa loquitur: This applies when a plaintiff is injured in a situation where the negligence is obvious even without knowing exactly who or what was negligent.

Case Example: Byrne v. Boadle (1863)

• A plaintiff was injured by a barrel of flour falling from a shop, with no witnesses to the incident.

• The court had to determine if the mere act of the barrel falling was sufficient to infer negligence.

  • The trial court initially ruled in favor of the defendant (shop owner).

  • On appeal, the court ruled that the incident implied negligence since such accidents do not occur without fault.

• Elements of res ipsa loquitur discussed:

  • The defendant must have had control over the situation.

  • The incident must typically not occur if proper care is exercised.

Importance of Control and Knowledge

• For res ipsa loquitur to apply:

  • Evidence must show the instrument causing injury was under the exclusive control of the defendant.

  • The incident must signify that negligence likely occurred.

  • Courts are hesitant to prove negligence based solely on a defendant's knowledge of an accident.

Theories in Negligence

• Comparative Negligence: If the plaintiff had some fault contributing to the injury, it can reduce damages they are entitled to receive.

• Contributory Negligence: Older theory where any fault from the plaintiff could completely bar recovery.

More Examples of Res Ipsa Loquitur

• Medical Malpractice Cases:

  • Cases where surgical instruments are left in a patient can invoke res ipsa since it’s generally accepted that instruments should not be accidentally left behind.

• Comparison with concurrent causation cases:

  • In situations where multiple defendants may have contributed to the injury (e.g. multiple fires burning property), each party may still be held jointly liable if their concurrent actions led to the harm.

Understanding Burden of Proof

• In res ipsa scenarios:

  • The burden may shift to the defendant to prove they were not negligent if the plaintiff establishes that the incident occurred under the defendant's control and would not have happened without negligence.

Health and Injury Flow Chart

• The instructor presented scenarios of medical malpractice, discussing analyzing causation through but for and substantial factor tests.

• In circumstances where negligence is suspected, but clear proof is not provided, courts will often still allow cases to proceed under theories that accommodate these complexities.

Summary Drawn from Discussions

• The key to understanding negligence and applying laws like res ipsa loquitur lies in recognizing the context of accidents, the complexity of causation, and how both facts and established legal standards interact to derive rulings in court.