What does the "doctrine of res ipsa loquitur" allow?

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The doctrine of res ipsa loquitur allows inferences of negligence to be drawn from the nature of an accident, particularly when the accident is of a type that would not ordinarily occur in the absence of negligence. This legal principle is applied when the circumstances surrounding an incident strongly suggest that negligence has occurred, even if there is no direct evidence demonstrating the defendant's specific wrongful conduct.

In essence, res ipsa loquitur shifts the burden of proof to the defendant, who must then provide an explanation to refute the presumption of negligence. This is particularly useful in cases where the details of the event are within the control of the defendant rather than the plaintiff. Examples often include incidents such as surgical instruments left inside a patient or falling objects from a construction site, which suggest that something went wrong due to a lack of proper care.

The other options do not accurately reflect the doctrine's function. Fertile assumptions or defenses against claims do not embody the core idea of this doctrine, nor does it pertain to proving intentional harm. Instead, res ipsa loquitur is a specific legal tool for establishing negligence based on the circumstances of an accident rather than direct proof.

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