Practice question
A plaintiff proves an accident suggesting negligence but fails to connect the particular injury claimed to the defendant’s instrumentality. The plaintiff says res ipsa creates a new tort that replaces causation and proof of injury. Which is correct?
- Every accident proves all injuries alleged
- Causation disappears whenever Latin terminology is used
- Only control of any unrelated object is needed
- No defendant can ever rebut an accident
- Res ipsa is not an independent cause of action and does not erase the need to establish the relevant injury and causal basis
Legal references
- Allarey v. Dela Cruz, G.R. 250919, main opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67913
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