Discussion 04.2: shifting the burden of proof | HA4050D-Healthcare Law | National American University
In this particular case, all three elements are satisfied by facts presented: firstly, it was established that the injuries sustained by plaintiff only occurred as a result of defendant’s negligence; secondly, defendant had exclusive control over his vehicle which caused plaintiff’s bodily harm; lastly, it was determined that plaintiff did not contribute to their own injuries. Therefore, based on these facts res ipsa loquitur applies and can be used as a basis for finding defendant liable for damages incurred.