回複:res ipsa loquitur

來源: 2005-12-07 07:53:43 [舊帖] [給我悄悄話] 本文已被閱讀:

You are right. RIL is a substitute to circumstantial evidence that will allow the jury to infer Gap's negligence. The jury can choose to infer or not infer. If they infer, they must bring a plaintiff verdict. The exclusive control, however, is refered to the injurious instrument, not the victim. In this case, it would be the floor. What it means is, Gap does the floor mopping/cleaning itself and no other person can alter the floor condition.