Discussion 04.2: shifting the burden of proof | HA4050D-Healthcare Law | National American University
The elements of the doctrine of res ipsa loquitur are (1) that the injury would not occur in the absence of negligence, (2) that defendant had exclusive control or management over the instrumentality causing the injury, and (3) that plaintiff did not contribute to their own injury. This doctrine is used when direct evidence pertaining to how an incident occurred is lacking; instead it shifts the burden of proof onto defendants and allows plaintiffs to use circumstantial evidence to prove fault.
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.