In Nevada, the elements for a claim of the tort of res ipsa loquitur (latin for “the thing speaks for itself”) are:
- First, that events are the kind of events that ordinarily do not occur in the absence of someone’s negligence;
- 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;
- 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
- Causation and damages.
NEVADA JURY INSTRUCTIONS 4.18; NEVADA JURY INSTRUCTIONS 4.19; BAJI 4.00; BAJI 4.02.
Hon. Jay Young (Ret.) is a retired judicial officer with decades of experience presiding over complex civil litigation matters. Following a distinguished career on the bench, Judge Young now serves as a mediator, arbitrator, and court‑appointed special master, and discovery referee. Judge Young brings a disciplined, impartial, and results‑oriented approach to dispute resolution. Judge Young is based in Nevada and accepts appointments statewide and nationally, subject to agreement or court order. He can be reached at 855.777.4557 or info@armadr.com
Known for judicial temperament, analytical rigor, and practical problem‑solving, Judge Young assists litigants and counsel in resolving high‑stakes disputes efficiently and with integrity and employing best practices. He is recognized by U.S. News and World Report’s publication Best Lawyers as Arbitration Lawyer of the Year.