Legal Question in Personal Injury in Arkansas

res ipsa loquitur cases

which type of cases is res ipsa loquitur most used? assualt and battery, motor vehicle accidents, slip and fall cases, medical malpractice, or none of the above?

Asked on 4/29/07, 4:46 pm

1 Answer from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC

Re: res ipsa loquitur cases

There is not good answer to your question. The phrase "most used" is vague and doesn't get to the issue.

Res ipsa is about negligence, specifically that harm would not ordinarily have occurred without someone's negligence. It can be used in any type of negligence case.

So throw "assault and battery" and "none of the above" out of your answer choices. Any of the other choices could be correct.

I doubt there have been statistical studies to determine what area it is "most used."

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Answered on 5/03/07, 12:54 pm

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