Principle

TORT LAW — Negligence — Res Ipsa Loquitur — Rebuttal of Presumption by Defendant

Area of law
TORT LAW
Court
Supreme Court

Res ipsa loquitur shifts burden to defendant to show absence of fault. Defendant need not prove exactly how accident happened, only lack of personal negligence. The principle applies to tort law and negligence. The rule prevents requiring defendant to prove a negative. Defendant satisfies burden…

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