Question

Which of the following has been adopted by courts to aid plaintiffs in establishing negligence claims?

a. Res ipsa loquitur only
b. Negligence per se only
c. Assumption of risk only
d. Res ipsa loquitur and negligence per se
e. Res ipsa loquitur, negligence per se, and assumption of risk

Answer 1

The answer is: d. Res ipsa loquitur and negligence per se

Both res ipsa loquitur and negligence per se are philosophies to differentiate which situations are considered as negligence.

Res ipsa loquitur would only acknowledge a negligence claim only if accidents/damage has occurred..

Negligence per se on the other hand acknowledge a negligence if there is a proof that the accused has violate a certain type of regulation.