How to Analyze Negligence on a Torts Essay (Pt. 5): Res Ipsa Loquitur & Byrne v. Boadle

LAW SCHOOL PREP
→ LEAP — 1L and 2L Video Courses (7-Day Free Trial): https://www.studicata.com/leap
→ LEAP — 1L and 2L Video Courses (Enroll Now): http://bit.ly/LEAP-ENROLL

BAR EXAM PREP
→ Free Bar Review: https://www.studicata.com/bar-review
→ Bar Review Pricing: https://www.studicata.com/bar-review-pricing
→ Uniform Bar Exam (UBE): https://www.studicata.com/ube
→ Multistate Essay Exam (MEE): https://www.studicata.com/mee
→ Multistate Bar Exam (MBE): https://www.studicata.com/mbe
→ Support Group: https://www.facebook.com/groups/studicata
Have a SUCCESS STORY? We would love to hear about it. Click here to share with us: http://bit.ly/successSTORIES
How to Analyze Negligence on a Torts Essay (Pt. 5): Res Ipsa Loquitur & Byrne v. Boadle

NEGLIGENCE

To hold a defendant liable for negligence, the plaintiff must establish the following four elements by a preponderance of the evidence: (1) the defendant owed a duty to the plaintiff to conform to a specific standard of care; (2) the defendant breached that duty; (3) the breach was the actual and proximate cause of the plaintiff’s harm; and (4) the plaintiff sustained actual damages or loss.

BREACH

Once we establish whether the defendant owed a duty to the plaintiff to conform to a specific standard of care. The next question is whether the defendant breached that duty.

Generally, we determine whether there was a breach by comparing the defendant's conduct to the conduct owed under the applicable standard of care. If the defendant's conduct meets the standard of care owed, then there is no breach. However, if the defendant's conduct falls short of the standard of care owed, then there is a breach.

RES IPSA LOQUITUR ("The Thing Speaks for Itself")

What do we do if there is an accident resulting in harm, but we do not have any direct evidence of the defendant's conduct leading up to the injury? In this case, we are unable to compare the defendant's conduct to the applicable standard of care owed, because we have no evidence of the defendant's conduct. In this situation, we can apply the doctrine of Res Ipsa Loquitur.

Res Ipsa Loquitur allows us to infer a breach of the standard of care owed absent direct evidence of the defendant's conduct so long as the accident resulting in harm was: (1) of a kind that ordinarily does NOT occur in the absence of negligence; (2) caused by an agent or instrumentality within the defendant's exclusive control; and (3) NOT due to any action on the part of the plaintiff.

Unlike negligence per se, Res Ipsa Loquitur does NOT conclusively determine whether the defendant is liable for negligence. Res Ipsa Loquitur should be thought of as merely a form of circumstantial evidence that the trier of fact can consider in making a determination of liability. Satisfaction of all three elements of Res Ipsa Loquitur will allow a plaintiff to avoid having their case dismissed on a motion for summary judgment, and will allow the trier of fact to consider the circumstantial evidence of the breach.
CONNECT WITH US

FACEBOOK: https://www.facebook.com/studicata
TWITTER: https://www.twitter.com/studicata
INSTAGRAM: https://www.instagram.com/studicata

Email: info@studicata.com

Видео How to Analyze Negligence on a Torts Essay (Pt. 5): Res Ipsa Loquitur & Byrne v. Boadle канала Studicata