The Thing Speaks for Itself: Res Ipsa Loquitur Applies to Premises Liability Claims

In a published decision, Pugno v Blue Harvest Farms, LLC, ___ Mich App ___ (Docket No. 340142), the Court of Appeals resolved whether the doctrine of res ipsa loquitur – the principle that the occurrence of an accident implies negligence – applies to premises liability claims. Relying on the Restatement of Torts, 2d, the Court ruled res ipsa loquitur may apply to premises liability claims. Indeed, the Restatement only expressly precludes res ipsa loquitur from applying to gross negligence claims.

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