Which of the following aids plaintiffs in establishing negligence claims?
A) Only res ipsa loquitur
B) Only negligence per se
C) Only assumption of risk
D) Res ipsa loquitur and negligence per se
E) Res ipsa loquitur, negligence per se, and assumption of risk

Question

Quizplus · Accepted Answer

Res ipsa loquitur and negligence per se are legal doctrines that help plaintiffs establish negligence. Res ipsa loquitur allows a plaintiff to infer negligence from the mere fact of an accident occurring, assuming the accident is of a type that does not happen without negligence. Negligence per se establishes negligence through the violation of a statute or regulation. Assumption of risk, however, is a defense used by defendants to claim that the plaintiff knowingly and voluntarily assumed the risks at issue.

Which of the Following Aids Plaintiffs in Establishing Negligence Claims