Miss Haversham, a guest at a wedding catered by Giardia's Fine Foods, became violently ill, as did several other guests. It was later found that only those who ate the crab salad appetizer became ill. Since Miss Haversham is not able to prove how she was injured by Giardia's but only that she was injured, presumably by them, which of the following concepts could she use to help her establish Giardia's negligence?

Question

Quizplus · Accepted Answer

Res ipsa loquitur is a legal doctrine that allows a plaintiff to infer negligence from the very nature of the accident or injury, without direct evidence of how any defendant behaved. Since Miss Haversham and other guests became ill after eating the crab salad, and it's presumed that something in the preparation or storage of the salad was at fault, this doctrine applies because the injury presumably would not have occurred without negligence.

Miss Haversham, a Guest at a Wedding Catered by Giardia's