Res Ipsa Loquitur and Your WV Personal Injury Claim In WV

The doctrine of res ipsa loquitur* (“the thing speaks for itself”) is derived from Anglo-American common law. Under evidentiary rules, this doctrine may be applied in a tort lawsuit in some instances. It allows a court to infer negligence based on the very nature of the accident or injury sustained. Because of this, no direct evidence is required regarding how the defendant behaved.
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