| Front | Res ipsa |
|---|---|
| Back | (i) the accident was of a kind that ordinarily does not occur in the absence of negligence; (ii) it was caused by an agent or instrumentality within the exclusive control of the defendant; (iii) it was not due to any action on the part of the plaintiff Exclusive control: sometimes interpreted generously, usually ignored for products cases Third requirement ignored in comparative fault jxns Ct may shift burden if there is a small number of Ds in a medical malpractice case |
Tags: torts
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