Hawaii and Wisconsin both have recognized that res ipsa loquitur
may be used to prove product defectiveness in a strict liability setting.
Nec modo tales dyaconisse apud nos inueniuntur nisi quis dicat abbatissas esse loco earum, et de tali ordinatione loquitur
However, the owner insisted that the Council omitted to cut the branches above the roof of his house, allowed the tree to rot, making it dangerous and did not take any preventative measures to avoid the damage, invoking the rule of res ipsa loquitur
among other things, the tort doctrine of res ipsa loquitur
as a guide to
Interdum stultus bene loquitur
- sometimes a fool speaks well, but that doesn't mean that he isn't dangerous.
Atlantic moved for summary judgment under the doctrine of res ipsa loquitur
["The thing speaks for itself"] arguing that:
That was the meaning of Cardinal Newman's motto: cor ad cor loquitur
, "heart speaks unto heart.
The jury is the one that determines whether a plaintiff can invoke either the res ipsa loquitur
doctrine or the "common knowledge" rule to obviate the need for an expert witness.
The jury is the one who determines whether a plaintiff can invoke either the res ipsa loquitur
doctrine or the "common knowledge" rule to obviate an expert witness.
Common-law courts answered this question using three tests: proximity, probable desistance, and res ipsa loquitur
With self-driving vehicles, the argument is that the accident itself proves the initial two elements; while the third element requires proof that the vehicle was in its original condition, which is essentially proofs that sound like a res ipsa loquitur
And RES IPSA LOQUITUR
, which I ride for Johnny Levins in the fillies maiden, will be up against it, facing some smart three-year-olds.