12 h 10 min, 20 sept. 2020 ans - Adam Waldman Twitter ACLU Amicus Brief Res Ipsa Loquitur

Description:

Res ipsa loquitur (Latin: "the thing speaks for itself") is a doctrine in common law and Roman-Dutch law jurisdictions under which a court can infer negligence from the very nature of an accident or injury in the absence of direct evidence on how any defendant behaved in the context of tort litigation.

The crux of res ipsa loquitur is circumstantial inference. Although specific criteria differ by jurisdiction, an action typically must satisfy the following elements of negligence: the existence of a duty of care, breach of appropriate standard of care, causation, and injury. In res ipsa loquitur, the existence of the first three elements is inferred from the existence of injury that does not ordinarily occur without negligence

SOURCE:
US VA Court Documents:
Amber Heard Exhibit 1007 - Waldman Tweets 9/2020

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