When negligence cannot be conclusively proven,a valid cause of action may still exist under the doctrine of:

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Res ipsa loquitur is a legal doctrine that can be used in cases where the injury or damage would not have occurred in the absence of negligence. This doctrine allows the plaintiff to shift the burden of proof to the defendant, who must then show that they were not negligent. It is applicable where the plaintiff cannot establish the precise nature of the defendant's negligent conduct. Therefore, in cases where negligence cannot be conclusively proven, res ipsa loquitur can be a valid cause of action.

When Negligence Cannot Be Conclusively Proven,a Valid Cause of Action