Strategies, Challenges, and Answers

Res Ipsa Loquitur And Comparative Fault

If there is insufficient evidence to prove a conventional case of negligence, creative Plaintiff’s attorneys will search around for an alternative theory of liability under which their client can recover.  One of those alternative theories is res ipsa loquitur.  Res ipsa loquitur is a Latin phrase that means “the thing speaks for itself”.  In a res ipsa loquitur case, the plaintiff’s attorney might argue that if it looks like negligence and feels like negligence, it must be negligence.  The … [Read more...]