Principle

EVIDENCE LAW — Burden of Proof — Shifting of Evidentiary Burden Under Res Ipsa Loquitur

Area of law
EVIDENCE LAW
Court
Supreme Court

Res ipsa loquitur is an evidentiary rule shifting the burden to defendant to show no negligence. It raises a rebuttable presumption, not a rule of law. The principle applies to tort law and evidence. The defendant can rebut by showing lack of fault or alternative…

Read the full principle with Sanctum

Sanctum is the key to all NLC content: judgments, principles, statutes, rules of court and court forms. Choose a plan from 1 month to 36 months.

Get Sanctum Access I’m a member — Log in