When Would a Defendant Use the Doctrine of Res Ipsa

question 47

Multiple Choice

When would a defendant use the doctrine of res ipsa loquitur?

• A) To allow the judge and jury to infer that more likely than not, the defendant's negligence was the cause of the plaintiff's harm, even though no direct evidence of the defendant's lack of due care existed.
• B) To allow the judge and jury to infer that more likely than not, the defendant's negligence was not the cause of the plaintiff's harm.
• C) To allow the judge and jury to presume the plaintiff is guilty of contributory negligence.
• D) To allow the judge and jury to presume the plaintiff destroyed evidence.
• E) To allow the judge to hold the defendant liable under a strict liability theory.

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Definitions:

Otosclerosis

A condition characterized by abnormal growth of bone in the middle ear, often leading to hearing impairment.

Ménière's Disease

A disorder of the inner ear characterized by episodes of vertigo, tinnitus, and hearing loss.

Otomycosis

A fungal infection of the ear, usually affecting the ear canal, characterized by pain, itchiness, and possible hearing loss.

Fenestration

A surgical procedure that creates an opening, especially used in ear surgery to restore hearing.