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Holy Cow! Livestock can escape in the absence of negligence, res ipsa loquitur does not apply
Newsletter Premises Liability / July 28, 2015
To establish a prima facie case of negligence, a plaintiff must prove: (1) that the defendant owed a duty to the plaintiff; (2) that the defendant breached the duty; (3) that the defendant’s breach of duty proximately caused the plaintiff’s injuries; and (4) that the plaintiff suffered damages….