This case has been cited 1 times or more.
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2014-03-26 |
PEREZ, J. |
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| The doctrine of res ipsa loquitur is "based on the theory that the defendant either knows the cause of the accident or has the best opportunity of ascertaining it and the plaintiff, having no knowledge thereof, is compelled to allege negligence in general terms. In such instance, the plaintiff relies on proof of the happening of the accident alone to establish negligence."[11] The principle, furthermore, provides a means by which a plaintiff can hold liable a defendant who, if innocent, should be able to prove that he exercised due care to prevent the accident complained of from happening. It is, consequently, the defendant's responsibility to show that there was no negligence on his part.[12] The doctrine, however, "can be invoked when and only when, under the circumstances involved, direct evidence is absent and not readily available."[13] Here, there was no evidence as to how or why the fire in the container yard of petitioner started; hence, it was up to petitioner to satisfactorily prove that it exercised the diligence required to prevent the fire from happening. This it failed to do. Thus, the trial court and the Court of Appeals acted appropriately in applying the principle of res ipsa loquitur to the case at bar. | |||||