§ RULE 304. RES IPSA LOQUITUR

Codes > Delaware Uniform Rules of Evidence > Article III > RULE 304.

RULE 304. RES IPSA LOQUITUR

(a) Definitions.

(1) The doctrine of res ipsa loquitur is a rule of circumstantial evidence, not affecting the burden of proof, which permits, but does not require, the trier of the facts to draw an inference of negligence from the happening of an accident under circumstances set forth in paragraph (b) of this rule.

(2) As used in this rule, “plaintiff” includes any party who invokes the doctrine, and “defendant” includes any party against whom the doctrine operates.

(b) Applicability. Before the doctrine will be applied the following must appear:

(1) The accident must be such as, in the ordinary course of events, does not happen if those who have management and control use proper care; and

(2) The facts are such as to warrant an inference of negligence of such force as to call for an explanation or rebuttal from the defendant; and

(3) The thing or instrumentality which caused the injury must have been under the management or control (not necessarily exclusive) of the defendant or his servants at the time the negligence likely occurred; and

(4) Where the injured person participated in the events leading up to the accident, the evidence must exclude his own conduct as a responsible cause.

(c) When Applicability Determined; Effect.

(1) Whether or not the doctrine is applicable should be determined at the close of the plaintiff's case.

(2) When the doctrine is applicable, the defendant shall not be entitled to a directed verdict unless evidence has been produced which will destroy the inference of negligence on his part, or so completely contradict it that the jury could not reasonably accept it. The defendant shall not be entitled to a directed verdict merely because he has introduced evidence in explanation and such evidence has not been rebutted.