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

Res ipsa loquitur is a legal Latin phrase that means “the thing speaks for itself” and is used in civil litigation cases in New Mexico. It essentially means that when a certain event occurs, without any intervening negligent acts of anyone involved, then the person responsible for the event is assumed to be negligent. In a civil litigation case involving res ipsa loquitur in New Mexico, the plaintiff must demonstrate three things: (1) the event is of the type that usually does not occur without negligence; (2) the defendant was in exclusive control of the instrumentality that caused the event; and (3) the plaintiff was not negligent in any way with respect to the event. If all of these things are proven by the plaintiff, then the defendant is presumed to be negligent and the plaintiff is likely to win the case. In a civil litigation case where res ipsa loquitur applies, the defendant can still argue that he or she was not negligent and that some other person or entity was responsible for the event. However, the burden is on the defendant to provide evidence of his or her innocence. If the defendant is unable to provide such evidence, then the plaintiff will likely be successful in their case. Res ipsa loquitur can be a powerful tool for plaintiffs in civil litigation cases in New Mexico and can help those who have suffered injury or damages due to another party’s negligence. In these cases, the plaintiff does not need to directly prove negligence on the part of the defendant in order to win the case, they simply need to show that it is more likely than not that the defendant was negligent.

Related FAQs

What is the doctrine of judicial estoppel in civil litigation?
How do I file a civil lawsuit?
What are the elements of a prima facie case in civil litigation?
What is the effect of a motion to compel discovery in civil litigation?
Who represents the parties in civil litigation?
What is the process of civil litigation?
What is a motion to dismiss for failure to state a claim in civil litigation?
What is a jury instruction in civil litigation?
What is a motion for reconsideration in civil litigation?
What is a motion to quash service of process in civil litigation?

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

Related FAQs

Related Blog Posts