How to Prove Negligence with a Little Evidence

How to Prove Negligence with a Little Evidence

personal injury claimsRelying on the doctrine of res ipsa loquitur is what the plaintiff sometimes do. Res ipsa loquitur is a Latin word that means the thing speaks for itself. In this kind of theory, it allows the court on a negligence case to infer that a defendant acted negligently even without other proof of misconduct. The plaintiff must prove the event that occurred usually does not happen in the lack of negligence and the defendant had the exclusive authority of the instrument that caused injury.

Judges Can Infer Negligence on the Part of the Defendant Under Res Ipsa Loquitur

personal injury claimA good example is when a bag of grain injured a child on a sidewalk in front of a grain producer may not have any straight or detailed proof that the producer was neglectful in handling the bag. In the absence of negligence, a bag of grain typically does not fly onto a sidewalk, and the farmer probably had sole authority over the bag at the time of the accident the judges can infer negligence on the part of the defendant under res ipsa loquitur.