A van from Mario's Squibb Company is damaged by a heavy metal keg,which rolls out of the second floor window of the two storied Toss-Co.Flower building.Toss-Co.Flower is the sole occupant of the building.Although the van was parked under the window while making a delivery at the Toss Co.receiving dock,no one admits to having seen the keg fall,nor are there any witnesses who can state where the keg was just before the accident.Can Mario recover against Toss-Co.for negligence?

Question

Quizplus · Accepted Answer

If the defendant had exclusive control of the thing that caused the injury,and the injury that occurred would not ordinarily happen in the absence of negligence,the doctrine of res ipsa loquitur ("the thing speaks for itself")creates an inference of negligence.This puts the burden on the defendant to show that the injury was not caused by his or her negligence.If the defendant fails to do so,he or she may be found liable.

A Van from Mario's Squibb Company Is Damaged by a Heavy