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What’s That Smell: Court of Appeals Affirms Strict Requirements of Res Ipsa Loquitur

Product Liability / January 9, 2018

The main purpose of res ipsa loquitur is to create an inference of negligence when the exact occurrence of the negligent act cannot be proven by a plaintiff. Speculation and conjecture are never enough to satisfy the requirements of res ipsa loquitur.  In Langley-Babcock v Forest River, unpublished decision of the Court of Appeals, issued December 5, 2017 (Docket No. 335060), three similar complaints in 2,500 vehicles was insufficient to create an inference of negligence in a products liability case.

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