What is the doctrine of res ipsa loquitur in civil law?

The doctrine of res ipsa loquitur is a legal principle used in civil law in Hawaii and elsewhere. Under this principle, the mere fact that an accident or injury occurred is evidence in itself that someone was negligent in causing it. This doctrine is based on the Latin phrase “res ipsa loquitur,” which means “the thing speaks for itself.” For the doctrine of res ipsa loquitur to apply, the injured party must prove three elements. First, the accident must be of a type that does not usually occur without someone being negligent. Second, the accident must have been caused by an instrument or instrumentality that was under the exclusive control of the defendant at the time of the accident. Finally, the injured party must not have been responsible in any way for causing the accident. If all three of these elements are proven, then the jury can infer that the defendant was negligent in causing the accident. This inference is especially strong when it is shown that the defendant had exclusive control over the instrumentality involved in the accident. The doctrine of res ipsa loquitur is an important legal principle in civil law in Hawaii and other jurisdictions. It allows the injured party to present evidence of negligence without having to prove exactly what happened or specifically how the defendant was negligent. In this way, it can provide a basis for recovering damages in a civil lawsuit.

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What is the doctrine of res ipsa loquitur in civil law?

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