Which legal principle allows negligence to be inferred from the circumstances of an accident?

Study for the LEGL 2700 Hackleman 2 Exam. Enhance your skills with multiple choice questions, comprehensive explanations, and strategic study tips. Prepare for success!

The legal principle that allows negligence to be inferred from the circumstances of an accident is known as res ipsa loquitur, which translates to "the thing speaks for itself." This doctrine is used in tort law when the specific cause of an accident is not directly known, yet the nature of the accident suggests that it could not have occurred without someone's negligence.

In cases where res ipsa loquitur is applied, the plaintiff doesn't have to provide direct evidence of negligence; instead, they can rely on the facts that point to an inference of negligence based on the circumstances surrounding the incident. For instance, if a surgical instrument is left inside a patient's body after surgery, the mere fact that this happened suggests improper care or negligence by the medical staff, even if no specific action or failure can be pointed to.

This principle is important in helping victims seek justice when clear evidence of negligence isn’t available, making it a vital aspect of negligence law.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy