Not really

回答: 回複:May I sue the homedepot?661962005-11-29 11:27:52

The injurious instrument is not the property, but the water pump. HD did the repair job, right? Res ipsa does not require the plaintiff to exclude every possible source. The plaintiff only need prove HD is one probably source. For example, HD could raise a defense that kids could unplug the pump. But is it likely? Who is more culpable and more likely? Jury will weigh these facts to determine. If they infer, then they must bring a verdict for the plaintiff. Note that in civil case you need prove by preponderance not beyond reasonable doubt.

Again, res ipsa is a substantive law, not fact. It helps the plaintiff to establish a case without any circumstantial evidence.

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