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Litigating the Obvious Negligence Case

Posted on:7/29/2017
Written By: David Sheehan
Website: http://napil.com/
Negligence is defined as: 1- defendant had a duty. 2- Defendant breached his duty. 3- Defendant’s breach of duty caused harm to the plaintiff. But In the American legal system, there are instances when the plaintiff can’t state how plaintiff was negligent.



Negligence is defined as: 1- defendant had a duty. 2- Defendant breached his duty. 3- Defendant’s breach of duty caused harm to the plaintiff. But In the American legal system, there are instances when the plaintiff can’t state how plaintiff was negligent. An example is when a patient in surgery can’t state how the doctor was negligent when operating him; because he was unconscious on the operating table. In these instances the plaintiff relies on the principle of res ipsa: That things speak for themselves; the defendant must have been negligent for the injury to occur. That the negligence of defendant is the only way to explain the injury and harm to the plaintiff. Relying on Res Ipsa principles, the plaintiff maintains Defendant must have been at fault since the events speak for themselves. Seminal Res Ipsa cases are:

1-Newly installed HVAC system caught fire

2-Foreign object were left inside patient during surgery

3-Newspaper delivery man was injured when step collapsed at a house where he delivered paper

4-Air bags did not deploy in an auto accident

Do you think we should abolish the Res Ipsa principle and force the plaintiff to prove his case regardless of how obvious is the negligence of the defendant?

Do you think proving res ipsa cases is a waste of court time?

Do you think justice is served when we force plaintiffs to prove cases where defendant’s negligence is obvious?


Do you consider the above 4 stated cases are Res Ipsa cases?

How does res ipsa affect personal injury practice?

Do you think Res ipsa cases benefit personal injury lawyers?

You may be surprised to learn the plaintiffs in the above 4 cases were not able to move forward under Res Ipsa principle and were forced to prove negligence by the Defendant.


  
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