Res Ipsa Loquitur is Latin for a “A thing that speaks for itself”. It falls under the doctrine of negligence. Ordinary negligence is a little bit different Examples of res ipsa include an exploding bottle, or even an exploding vehicle tire at high freeway speeds. In this scenario the wrongdoer could be the bottling company under a res ipsa loquitur theory (A thing that speaks for itself – see also products liability below). Freeway accidents, such as a 405 freeway accident, 105 freeway accident, 10 freeway accident, 5 freeway accident, can be caused by tread separation and can result in a vehicle rollover, or multi-car, chain collision. There are many potential defendants in these types of cases. The vehicle manufacturer, tire manufacturer and driver of the injury causing vehicle are all potentially liable defendants if they breached the duty of reasonable care. As will be discussed, this is known as products liability.
What is Negligence – Products Liability & Strict Liability – Why is it Important?
In addition to being able to argue res ipsa, in some cases you can proceed on multile theories of liability. For example, an exploding airbag, exploding bottle and tread separation are also examples of a products liability case. Products liability occurs when a defective product – such as a defective tire with tread separation – is negligently designed or manufactured, & released into the stream of commerce. All defendants in the chain of commerce, or stream of commerce of the defective product, are held liable. From manufacturer, shipper and retailer, this legal cause of action helps spread the risk among those liable.
Chain of Commerce
This gets the tort victim, Paul Pfau, for example, compensation for damages and injuries. Other defendants in the chain of commerce can sue each other for contribution and indemnification. But the injury victim gets paid no matter what. Strict products liability makes a tortfeasor liable no matter what, including physical pain and torment.
Examples of strict liability also include an explosives factory in LA It is strictly liable because an explosives factory is incapable of being made safe. The LA explosives factory is held strictly liable. The explosives factory can also be liable for nuisance, trespass and even encroachment. The same is true for negligence. In fact, you may have a cause of action for premises liability if the factory is negligently operated or maintained. Although civil cases like car accident, car crash, truck crash, serious personal injury are our specialty, other civil cases Ehline litigates include: food, poisoning exploding airbags, vehicle rollover, motorcycle crash, bicycle crash and death cases.
Tutorial Review – Exploding Air Bag:
An exploding airbag can cause serious injury, coma or death. Exploding airbags are known to kill children. Proving a case like this will require an expert witness, and lots of money. If you want to learn more, call 888.400.9721.