If a court applies res ipsa loquitur
A)the plaintiff needs to prove the case by a preponderance of the evidence.
B)the plaintiff must prove the case by clear and convincing evidence.
C)the defendant has the burden of proving he or she is not liable.
D)the defendant is strictly liable.

Question

Quizplus · Accepted Answer

When a court applies the doctrine of res ipsa loquitur, it means that the plaintiff has been injured in a way that would not ordinarily occur unless someone was negligent. In such cases, the burden of proof shifts to the defendant to prove that he or she is not liable. Therefore, choice C is the best answer.

If a Court Applies Res Ipsa Loquitur