This case has been cited 1 times or more.
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2005-12-14 |
TINGA, J. |
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| Res ipsa loquitur recognizes that parties may establish prima facie negligence without direct proof, thus, it allows the principle to substitute for specific proof of negligence.[37] It permits the plaintiff to present along with proof of the accident, enough of the attending circumstances to invoke the doctrine, create an inference or presumption of negligence and thereby place on the defendant the burden of proving that there was no negligence on his part.[38] | |||||