The doctrine of res ipsa loquitur would permit the court to infer negligence in which of the following situations?
A) A can of peas fell off the shelf onto your foot.
B) A sign over a storefront fell on your head.
C) Neither of these situations.
D) Both of these situations.

Question

Quizplus · Accepted Answer

The doctrine of res ipsa loquitur allows a court to infer negligence if the following three conditions are met: 1) the event does not ordinarily occur without negligence; 2) the defendant has exclusive control of the instrumentality causing the injury; and 3) the plaintiff did not contribute to the accident. Both situations meet these criteria, as it is not normal for a can of peas or a sign to fall without negligence, the defendant has exclusive control over the items that caused the injury, and the plaintiff did not contribute to the accident. Therefore, the court could infer negligence in both situations using the doctrine of res ipsa loquitur.

The Doctrine of Res Ipsa Loquitur Would Permit the Court