Byrne v. Boadle

McDougald v. Perry

Res Ipsa Loquitur

Two requirements:

1. Harm results from the kind of situation in which negligence can be inferred
2. Defendant was responsible for the instrument of harm

Differences Across Jurisdictions

Res ipsa loquitur can either be:

• an inference (e.g., New York), or

• a presumption (e.g., California).

Why Allow Res Ipsa Loquitur?

1. Probabilistic rationale
2. Asymmetry and fairness justification

Ybarra v. Spangard