Which of the Following Is an Incorrect Statement Regarding the Doctrine

question 73

Multiple Choice

Which of the following is an incorrect statement regarding the doctrine of res ipsa loquitur?

• A)To establish res ipsa loquitur in most states,the plaintiff must demonstrate that the event was a kind that ordinarily does not occur in the absence of negligence.
• B)To establish res ipsa loquitur in most states,the plaintiff must demonstrate that other responsible causes,including the conduct of third parties and the plaintiff,have been sufficiently eliminated.
• C)To establish res ipsa loquitur in most states,the plaintiff must demonstrate that the indicated negligence is within the scope of the defendant's duty to the plaintiff.
• D)The plaintiff's proof of all the elements of res ipsa loquitur requires a finding of negligence.
• E)Once the plaintiff has demonstrated all of the elements of res ipsa loquitur,the burden of proof shifts to the defendant.

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