Res Ipsa Loquitur: Application and Effect

Authors

Murray B. Guterson

Abstract

The doctrine of res ipsa loquitur has played a significant role in eighteen cases' appealed to the Washington Supreme Court since 1938. Examination of these decisions will reveal that the doctrine of res ipsa is applied as circumstantial evidence at two stages of a negligence action, that its application is made in accordance with three court-made requisites as to the nature of the proof, and that it will be applied only in the event that the plaintiff in the trial court achieves the level of proof that is required for its application. It is the author's purpose to develop the subject within these limits, suggesting, perhaps, a guide to insure consistency in future applications

First Page

145

Recommended Citation

Murray B. Guterson, Comment, Res Ipsa Loquitur: Application and Effect, 27 Wash. L. Rev. & St. B.J. 145 (1952).
Available at: https://digitalcommons.law.uw.edu/wlr/vol27/iss2/4