Continue reading "Res Ipsa Loquitur: Who has to prove what in road traffic claims?"
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Res Ipsa Loquitur: Who has to prove what in road traffic claims?
John McDonald discusses the requisite burden of proof What is the position when res ipsa loquitur applies? One view is that its effect is merely to raise an inference of negligence, which requires the defendant to give an explanation of how the accident could have happened without his negligence. It is trite law that in …