IX. Res Ipsa Loquitur | JZTortsClass | June 24, 2011


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IX. Res Ipsa Loquitur

by JZTortsClass Show/Hide
Civil procedure concerns itself with what levels of proof and persuasion must be elicited from a plaintiff before a jury can hear a claim – and rule favorably on it. What happens when there isn’t sufficient evidence for a plaintiff to meet that burden, in part perhaps because the defendant’s behavior – the negligence itself, even – has made it difficult to gather such evidence? Res ipsa evolved before modern discovery rules to allow cases to get to juries where negligence by the defendant might be readily inferred. The cases in this section show the development of the doctrine and explore its rationales and limits. EDIT PLAYLIST INFORMATION DELETE PLAYLIST

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    1. 1.1 Show/Hide More Byrne v. Boadle--"The Falling Flour Barrel"
      Original Creator: JZTortsClass
      Should courts be willing to presume negligence in situations where the plaintiff's injury implies negligence has occurred?
    1. 2.1 Show/Hide More Larson v. St. Francis Hotel--"The Falling Armchair"
      Original Creator: JZTortsClass
      Should courts still apply the doctrine of res ipsa loquitur when a defendant does not have exclusive control over the object which harms the plaintiff?
    2. 2.2 Show/Hide More Connolly v. Nicollet Hotel--"The Chaotic Convention"
      Original Creator: JZTortsClass
      Should courts be willing to apply res ipsa loquitur principles to defendants who acquiesce to conditions which made the wrongful injury likely?
    1. 3.1 Show/Hide More Ybarra v. Spangard--"The Unconscious, but Injured Patient"
      Original Creator: JZTortsClass
      Are there situations where courts should apply res ipsa loquitur despite a plaintiff’s failure to satisfy the technical requirements of the doctrine?
    2. 3.2 Show/Hide More Fireman's Fund American Insurance Cos. v. Knobbe--"The One-of-Four Smokers Case"
      Original Creator: JZTortsClass
      Should res ipsa loquitur be applied to a group of defendants when plaintiff has submitted no direct evidence that they had control over the dangerous instrumentality or were involved in the harm?

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