Under tort law, in order for a person to receive compensation for injuries inflicted upon them, they typically must present a preponderance of evidence, proving that another party was negligent and that negligence caused their damages. However, under the principle of res ipsa loquitur there are certain cases in which these elements may not be required to be demonstrated. By the doctrine of res ipsa loquitur, a person can claim that the most probable cause of the injury is negligence if the three basic elements of the doctrine are met.
If your injury was the result of blatant and inarguable negligence, it is possible that res ipsa loquitur can be applied to obtain the compensation you may deserve. Contact the Fort Lauderdale personal injury attorneys of Winston Law Firm, by calling (954) 475-9666 today for capable and committed legal representation.
Using Res Ipsa Loquitur as Proof
In order to submit a case to a court using res ipsa loquitur, the following requirements must be satisfied:
- Inference of Negligence – The injury is determined to be one which likely does not occur unless someone is negligent.
- Exclusive Control by the Defendant – A condition, action, or factor that was exclusively under the control of the injurious party caused the damages and/or injuries to the other party.
- Lack of Contributory Negligence by Plaintiff – There are no conditions or circumstances under which the plaintiff (injured party) can be considered responsible for even part of the accident.
If your accident meets all of the above requirements, it is likely that your attorney can help you to pursue financial compensation under the differing standard of res ipsa loquitur.
Contact Us
At Winston Law Firm, our Fort Lauderdale personal injury lawyers are dedicated to getting you the full amount of compensation you may deserve following an accident caused by another person’s negligence. Contact our experienced legal professionals at (954) 475-9666 today.
