Question

What effect does the rule of res ipsa loquitur have in a negligence case?

Multiple Choice

a. It results in strict liability of the defendant.
b. It results in strict liability of the plaintiff.
c. It creates a rebuttable presumption of breach of duty.
d. It creates a irrebuttable presumption of causation.

Answer 1

The rule of res ipsa loquitur in a negligence case creates a rebuttable presumption of breach of duty, which the defendant can attempt to disprove with their evidence.

Step-by-step explanation:

The rule of res ipsa loquitur in a negligence case creates a rebuttable presumption of breach of duty. This legal doctrine applies when the nature of an accident is such that it implies negligence on the part of the defendant because the accident would not typically occur without someone's negligence. It allows a plaintiff to establish an inference or presumption of negligence through circumstantial evidence, even though there might be a lack of direct evidence to prove the exact act of negligence. The defendant is then given the opportunity to rebut this presumption with their own evidence to show that they were not negligent.