Key Terms
Definition
The defendant's act or omission must be related closely enough to the injury to justify imposing legal liability. Proxim
Who has fiduciary duties
Doctors (to patients), lawyers (to clients), accountants (to clients), corporate officers (to shareholders).
Examples
Bars with known violent crowds, hotels where assaults frequently occur, any business with escalating violence on premise
Foreseeable customer injuries in retail
Objects falling from shelves, spilled liquids, icy entryways.
Latin
"The thing speaks for itself."
Meaning
The court can infer negligence from the circumstances without the plaintiff proving exactly how the breach occurred.
Three requirements
1. The injury would not have occurred unless someone was negligent 2.
Effect
When res ipsa loquitur applies, the burden shifts to the DEFENDANT to prove they did not cause the harm.
Example
Store puts up a "Caution — Slippery Floor" sign. Person runs through the spill anyway and falls.
Three elements plaintiff must prove
1. Defendant broke the law 2.
Common applications
Traffic violations (reckless driving tickets), dog bite cases with physical injuries.
Defenses to negligence per se
1. Defendant was unable to comply through reasonable care 2.
Also called
Legal cause.
Test
But for the defendant's actions, would the plaintiff have been injured?
Classic example
Customer slips on ice in a store parking lot and breaks a leg. Ambulance takes her to the hospital.