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Technology

The Doctrine of Res Ipsa Loquitur in Negligence Cases

Quick fact

In the classic English case Byrne v. Boadle (1863), a passerby was struck by a barrel that rolled from a warehouse window; the court applied res ipsa loquitur to allow an inference of negligence even without direct evidence, establishing a civil law doctrine that shifts the burden to the defendant.

Why this is interesting

Imagine a barrel of flour suddenly rolls out of a warehouse window and crushes you on the sidewalk. You didn't see what happened—how could you possibly prove negligence?