Question

In which of the following situations would res ipsa loquiter likely apply?
A. erich is driving at 75 mph per hour in a 55 mph zone and causes an accident
B. josh sneaks up behind someone and hits them with a hammer
C. a train has derailed and the cause of the accident can't be proven
D. aron forgets to put a sign up to warn people that the floor has just been waxed and is slippery.

Answer 1

Answer: Option C. a train has derailed and the cause of the accident can't be proven

Explanation:

Res ipsa loquitur is used to allow a negligence trial to proceed when there is a actual negligent act cannot be proved yet the accident and could not have occurred in the absence of negligence.

In remaining cases it could not apply like,

• Erich is driving at 75 mph per hour in a 55 mph zone and causes an accident
• Josh sneaks up behind someone and hits them with a hammer
• Aron forgets to put a sign up to warn people that the floor has just been waxed and is slippery

Therfore, res ipsa loquiter likely apply the situation a train has derailed and the cause of the accident can't be proven.

Thus, Option c is correct and remaining options are incorrect.