Elements for a Claim of Res Ipsa Loquitur

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In Nevada, the elements for a claim of the tort of res ipsa loquitur (latin for “the thing speaks for itself”) are:

  1. First, that events are is the kind of events which ordinarily do not occur in the absence of someone’s negligence;
  2. The events were caused by an agency or instrumentality in the exclusive control of the Defendant, over which the defendant had the exclusive right of control, originally, and which was not mishandled or otherwise changed after defendant relinquished control;
  3. The event was not due to any voluntary action or contribution on the part of the plaintiff which was the responsible cause of his injury; and
  4. Causation and damages.

NEVADA JURY INSTRUCTIONS 4.18; NEVADA JURY INSTRUCTIONS 4.19; BAJI 4.00; BAJI 4.02.

 

See elements for other claims at the Nevada Law Library

About the Author

Jay Young is a Las Vegas, Nevada attorney. His practice focuses on business law, business litigation, and acting as an Arbitrator and Mediator. Peers have named him an AV-Rated Lawyer, Best Lawyers, a Top 100 Super Lawyers in the Mountain States multiple years, and to the Legal Elite and Top Lawyers lists for many years. Mr. Young has been appointed a part time Judge, a Special Master to the Clark County, Nevada Business Court, as an arbitrator by the Nevada Supreme Court. He has been appointed as an arbitrator or mediator of well over 250 legal disputes from business disputes to personal injury matters. He has been named Best Lawyers for Arbitration. Mr. Young is a respected author of ten books, including A Litigator’s Guide to Federal Evidentiary Objections, A Litigator’s Guide to the Federal Rules of Evidence, and the Federal Court Civil Litigation Checklist.
Mr. Young can be reached at 702.667.4868 or at jay@h2law.com.