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

Res ipsa loquitur is a legal term that refers to a legal concept used in civil litigation. This term means “the thing speaks for itself.” It is used when a person is injured due to the negligence or mistake of another party. In other words, the injury would not have occurred without the negligence or mistake of the responsible party. In civil litigation cases in Florida, the law of res ipsa loquitur is used to help prove negligence on the part of the defendant. It is a legal doctrine that presumes the defendant acted negligently simply because the injury would not have occurred if the defendant had not been negligent. The plaintiff must prove three elements in order to take advantage of this legal doctrine. First, they must prove that the injury was caused by an instrumentality or agency within the control of the defendant. Second, they must prove that the injury is normally not expected to occur if the defendant had acted with reasonable care. Finally, the plaintiff must prove that the instrumentality or agency was in the defendant’s control. The law of res ipsa loquitur is beneficial for plaintiffs because it shifts the burden of proof from the plaintiff to the defendant. This makes it easier for plaintiffs to prove their case since the negligence of the defendant is presumed.

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

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