A plaintiff sues in negligence but has no direct proof that the defendant behaved unreasonably. What is most likely to help the plaintiff?

Res ipsa loquitur

Explanation:

Res Ipsa Loquitur, which loosely means that the facts speak for themselves, is a rule of proof that enables injured parties to avoid the typical proof of negligence in their claim to recuperate damages from the responsible parties. The general law initially stated that the accident has to satisfy the essential basics of negligence: duty, causation, breach of duty, and injury.

Instead of compiling an intricate case indicating that the defendant commits a breach in duty of care that has proximately caused damages or injury, the plaintiff only needs to show that:

•The petitioner suffered damages or incurred injuries under conditions that normally does not occur without negligence.

•The defendant was completely in control of the place where the accident occured or the thing that caused it to happen (the instrumentality, in legalese).

•The plaintiff’s own careless actions does not in any way influence the accident.

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