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Res Ipsa Loquitur in Road Accidents

 Res Ipsa Loquitur in Road Accidents

Res Ipsa Loquitur is used largely in all prima facie cases where the defendant's negligence is obvious and the injury would not have occurred if the defendant had not been negligent. In such a circumstance, the defendant is considered to be negligent, and it is up to him to show that he is not. The maxim refers to a person's negligence and is often applicable to situations in which a person's negligence is the cause of an act.

Res Ipsa Loquitur applies in circumstances of car accidents and medical malpractice where the harm is caused by one or both parties' fault.

To apply Res Ipsa Loquitur to any incidence of road accidents, there are two conditions to consider. The following are some of them:

The sort of accident that happened must have been caused by carelessness - Accidents can happen in a variety of ways, but when applying res ipsa loquitur, the manner in which the injury occurred or the exact manner of the accident is examined first. In such circumstances, it is important to determine whether the defendant might have avoided inflicting injury by exercising greater caution.

If the patient's injury as a result of the accident was unavoidable, that is, serious enough to result in the victim's death, then res ipsa loquitur may be overturned.

If the defendant had complete control over the circumstances that led to the injury, Res ipsa loquitur may not apply. For example, if a person is distracted by a cell phone while walking down the street and a truck driver suddenly makes an unlawful turn and impacts the person, the use of res ipsa loquitur may not be appropriate. Under contributory negligence, the court may lower the amount of a victim's damages.

If the defendant is exclusively accountable for the conditions that created the accident, or if the defendant is personally responsible for the negligence, Res Ipsa Loquitur may be employed. It must be considered that the defendant had complete control over the accident's circumstances.


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