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Nevada Jury Instructions

RES IPSA LOQUITUR; NECESSARY CONDITIONS FOR APPLICATION

On the issue of negligence, one of the questions for you to decide in this case is whether the [accident] [injury] occurred under the following conditions:

First, that it is the kind of [accident] [injury] which ordinarily does not occur in the absence of someone’s negligence;

Second, that it was 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]; and

Third, that the [accident] [injury] was not due to any voluntary action or contribution on the part of the plaintiff which was the responsible cause of his injury.

If you should find all of these conditions to exist, you are instructed as follows:

NEV. J.I. 4.18

BAJI 4.00

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.

 

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