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Danyelle Solle Dantic
on Nov 22, 2024

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Assuming res ipsa loquitur is established, what is the effect of that doctrine?

A) It requires a finding of negligence.
B) It prohibits a finding of negligence.
C) The burden of proof shifts to the plaintiff.
D) The burden of proof shifts to the defendant.
E) The burden of proof rises to proof beyond a reasonable doubt.

Shifting Burden of Proof

A legal principle where the duty to prove or disprove a fact shifts from one party to another during the course of a legal proceeding.

Res Ipsa Loquitur

A legal doctrine that infers negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved.

Finding of Negligence

A determination in law that an individual or organization failed to act with care, resulting in harm to another party.

  • Understand how negligence per se and res ipsa loquitur are utilized in proving negligence claims.
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allison schmidtNov 22, 2024
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