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To use the doctrine of res ipsa loquitur the

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To use the doctrine ofres ipsa loquitur,the plaintiff must prove the following elements:a)The plaintiff’s injury was caused by an accident that would not normally have happened withoutnegligenceb)The thing causing the injury was within the exclusive control of the defendant.c)The plaintiff did not provoke the accident.1stelement-Accident Suggestive of Negligence
-The first element of res ipsa loquitur is that the accident would not normally have happened withoutnegligence by the defendant.2ndelement – Exclusive Control by Defendant-The secondelement of res ipsa loquitur is that the instrumentality causing the injury must have been inthe exclusive control of the defendant prior to the accident, exclusive control is missing, the party whowas careless in the maintenance of the item causing the injury may not have been the defendant , butrather someone else with access.-This element of exclusive control can be difficult to establish3rdelement – Plaintiff did not Provoke the Accident-The third element requires that the plaintiff did not provoke or cause the accident2.)Children and the Reasonable Person Test< Children do not comprehend dangers obvious to more mature persons.→Nor are children able to weigh cause and effect accurately.< Unlike an adult, children cannot be expected to recognize risks and take appropriate precautions.→Instead, children act upon childish instincts and impulses.< This impacts the duty imposed by lawonyoung people as well as the duty owed by adultstochildren.< The law excuses a young child from negligent acts; a person injured by a young person’s conduct is notentitled to compensation.< Similarly, the duty imposed on adults to act reasonably is greater when young children are involved.Room FurnishingsA hotel must anticipate dangers and use reasonable care to protect against them when furnishing a room thatwill be occupied by children.3.)Attractive Nuisance Doctrine< A landowner generally owes no duty to a trespasser other than to refrain from causing him willful injury.< There is an exception to this rule for child trespassers called theattractive nuisance doctrine.→This doctrine is an outgrowth of the law’s recognition of youngster’s limited capacity to detect dangerand protect themselves from risk.
attractive nuisance– is a potentially dangerous object or condition of exceptional interest to young peoplesuch as:a swimming poola large empty boxequipment or ditches at a construction site< If an attractive nuisance exists on the property, the owner or occupier is required to exercise reasonable careto protect children from associated risks.

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Term
Spring
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attorney

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