PROOF OF NEGLIGENCE

Topic of the day

- The circumstances of negligence act

- The plea Res Ipsa Loquitur

- The conditions under which Res Ipsa Loquitur will apply

THE CIRCUMSTANCES OF NEGLIGENCE ACT

The Negligence Act typically refers to statutes or laws that govern negligence in various jurisdictions. These acts typically outline the elements of negligence, including the duty of care, breach of that duty, causation, and damages. They may also specify different standards of care for different situations, such as professional standards or the duty owed to trespassers. Cases and sections within these acts provide further clarification and precedent for how negligence is understood and applied in legal contexts.

THE PLEA RES IPSA LOQUITUR

Res ipsa loquitur is a legal doctrine that allows a plaintiff to establish a prima facie case of negligence without directly proving it. It applies when the facts of the case imply negligence because the event would not have occurred without someone's negligence, and the defendant had control over the situation. This doctrine is often invoked in cases involving accidents that are not common occurrences and where the defendant had exclusive control over the situation.

THE CONDITIONS UNDER WHICH RES IPSA LOQUITUR WILL APPLY

Res ipsa loquitur applies when three conditions are met: 

1. The event must be of a type that doesn't typically occur without negligence.

2. The event must be caused by someone who had exclusive control over the situation.

3. The plaintiff must not have contributed to the event through their own negligence.