Blow-Up.Jeanie is hauling several containers of gasoline in her vehicle in preparation for riding her personal watercraft.On the way home,Jeanie stops at the automatic teller machine at her bank and exits her car.Holly pulls behind her and negligently rear-ends Jeanie's car.The car explodes and results in the bank building burning to the ground.The bank sues Holly for negligence claiming that Holly should have to pay for the entire bank building.The bank claimed that it should be able to recover under the res ipsa loquitur doctrine.Which of the following is true regarding the bank's claim that it should be able to recover under the res ipsa loquitur doctrine?

Question

Quizplus · Accepted Answer

Res ipsa loquitur literally means "the thing speaks for itself." The plaintiff uses this doctrine to allow the judge or jury to infer that,more likely than not,the defendant's negligence was the cause of the plaintiff's harm,even though there is no direct evidence of the defendant's lack of due care.To establish res ipsa loquitur in most states,the plaintiff must demonstrate that: a)the event was a kind that ordinarily does not occur in the absence of negligence; b)other responsible causes,including the conduct of third parties and the plaintiff,have been sufficiently eliminated; and c)the indicated negligence is within the scope of the defendant's duty to the plaintiff.

Blow-UpJeanie Is Hauling Several Containers of Gasoline in Her Vehicle