Torts Negligence Breach - MBE
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What is the P burden in a breach of duty claim?
to show every element of the prima facie case by PoE
Does just the happening of a bad result establish any sort of unreasonable conduct on the part of the D?
What are the 2 types of evidence used to show breach of duty?
- (1) direct evidence
- (2) circumstantial evidence
What must a P show in a slip and fall case in order to recover?
that D was negligent for failing to discover and failing to remedy the dangerous condition
What does Res ipsa loquitur mean?
the thing speaks for itself
When does Res ipsa loquitur arise?
when look at fact pattern and can't identify exactly what D did wrong but smells of negligence
What must the P show for Res ipsa loquitur?
- (1) but for negligence this wouldn't have happened
- (2) D has control of the instrumentality causing the injury
- (3) P not reasonable for the event causing injury
Is exclusive control required for res ipsa loquitur?
no it is sufficient to show that probably the D is the responsible party
Can res ipsa loquitur be used in the context of medical malpractice?
What is the common knowledge exception in the context of medical malpractice?
where the conduct is commonly recognized as negligent there is no need for expert testimony to establish breach of custom
When dealing with multiple Ds, they are jointly and severally liable unless what?
they can show they didn't cause the harm
Multiple Ds under Res ipsa loquitur is limited to those situations involving what?
- (1) medical team working as a group
- (2) P is unconscious
Res ipsa loquitur only applies in what context and only to prove what?
- tort of negligence
- element of breach of duty
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