Help Save & Exit Submit Chapter 7 Test/Assessm... Saved Which of the following i

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Help Save & Exit Submit Chapter 7 Test/Assessm... Saved Which of the following is an incorrect statement regarding the doctrine of res ipsa loquitur? Skipped Multiple Choice To establish res ipsa loquitur in most states, the plaintiff must demonstrate that the event was a kind that ordinarily does not occur in the absence of negligence To establish res ipsa loquitur in most states, the plaintiff must demonstrate that other responsible causes, including the conduct of third parties and the plaintiff have been sufficiently eliminated Mc Graw Type here to search

Explanation / Answer

The plaintiff's proof of all the elements of res ipsa loquitur requires a finding of negligence.

Once the res ipsa loquitur element is proven in the case by the Plaintiff, it shall be inferred that the case of negligence has been charged upon the defendant. However, no presumption regarding the negligence is created in the case. The Plaintiff needs to provide the evidences to prove that negligence has been caused by the Defendant. However, this is simply an activity to prove the presence of doctrine of res ipsa loquitur elements and does not by itself form one of the elements in the Doctrine.

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