Applying the legal doctrine of Res Ipsa Loquiter to False Certification
Автор: Law School Bamboozled
Загружено: 2026-01-02
Просмотров: 305
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#lawyer #lawschool #attorney
Res ipsa loquitur (Latin for "the thing speaks for itself") is a legal doctrine in tort law allowing negligence to be inferred from the circumstances of an accident when direct proof is absent, meaning the event itself suggests fault, common in medical malpractice where a surgeon leaves a sponge inside a patient or a barrel falls from a warehouse. To use it, the plaintiff must show the accident wouldn't happen without negligence, the instrumentality was under the defendant's exclusive control, and the plaintiff didn't contribute, creating a rebuttable presumption that shifts the burden to the defendant to prove they weren't negligent.
Key Elements
Accident ordinarily doesn't happen without negligence: The event itself implies carelessness (e.g., a surgical instrument left inside a patient).
Exclusive control: The defendant had sole control over the object or situation that caused the injury.
No plaintiff contribution: The plaintiff's own actions didn't cause the harm.
How it Works
Shifts the burden: Instead of the plaintiff proving how the defendant was negligent, the doctrine allows a jury to infer negligence, placing the onus on the defendant to explain why they weren't at fault.
Circumstantial evidence: It helps plaintiffs in cases where direct evidence of the negligent act is hard to find, relying on circumstantial inference instead.
Examples
A patient is injured in a way that is outside the scope of surgery (e.g., nerve damage to an unaffected area) while under anesthesia.
A heavy object falls from a building, injuring a pedestrian below.
A soda bottle explodes, harming the consumer.
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