Question

When would a plaintiff use the doctrine of res ipsa loquitor?

a. To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care
b. To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm
c. To allow the judge and jury to presume the defendant is guilty of contributory negligence
d. To allow the judge and jury to presume the defendant destroyed evidence
e. None of these

Answer 1

The correct answer is a. To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though there is no direct evidence of the defendant's lack of due care.