回複：May I sue the homedepot?

That is exacly what res ipsa designed for. Res ipsa loquitur started in 19th century in England when a guy walked by a flour store and hit by a barrel of flour. At the time he could not prove what the store did wrong but the Lords permitted the case go to jury.

The whole idea of res ipsa is:
1. This thing would not normally happen without somebody's negligence.
2. The instrument was in exclusive control of the defendant.
3. There was no contriutory negligence from the plaintiff.

Need I say more? The instant case is so prima facie. If you prove res ipsa, the jury will be allowed to infer negligence of the defendant. If they do that, they must bring a verdict for you.

Try to settle with Homedepot. They should know better not to invoke a lawsuit.

所有跟帖： 

• 回複：回複：May I sue the homedepot? -131194- ♀ (159 bytes) () 11/29/2005 postreply 12:24:47

• 回複：回複：回複：May I sue the homedepot? -66196- ♀ (217 bytes) () 11/29/2005 postreply 13:38:38

• But homeowner has control -##^^##- ♂ (364 bytes) () 11/29/2005 postreply 13:08:52

• Not really -66196- ♀ (692 bytes) () 11/29/2005 postreply 13:37:15

• 回複：回複：May I sue the homedepot? -6698- ♀ (215 bytes) () 12/01/2005 postreply 08:54:31