Filing a personal injury claim for a car accident or any other injury means that you might find yourself having to prepare for a trial. While many personal injury lawsuits are resolved through settlement proceedings, it is still a good idea to get ready for a trial. Part of this means ensuring that your case meets specific legal standards. Understanding some legal concepts can sometimes help you to decide how you are going to present your case in a trial.
What is the concept of res ipsa loquitur?
The concept of res ipsa loquitur is an evidentiary rule that is used by the plaintifff to show that there is a presumption of negligence that is rebuttable on the part of the defendant. This is done through circumstantial evidence. When the concept is introduced in a personal injury case, it becomes the defendant’s duty to prove that negligence wasn’t a factor in the accident.
Are there any elements that must be present for this concept to be presented?
In order for res ipsa loquitur to be applied to a case, there must be three elements present. One of these is that the evidence that is presented rules out the chance of the injuries in question occurring because of a third party or the plaintifff. Another element is that the incident that caused the injury wouldn’t normally occur unless someone was negligent. The final element is that the negligence that occurred fell within what would be considered within the defendant’s duty to the plaintifff.
This concept can be one that is difficult to use in some cases, Carefully planning out your case might help you to learn if this concept can be used in it.
Source: FindLaw, “Res Ipsa Loquitur,” accessed June 22, 2016