Question

What is the significance of the doctrine of respondeat superior to a hotel or restaurant?

Draft a 250 - 300 word discussion explaining the your answer in detail.

Answer 1

Negligence refers to the failure of acting reasonably to avoid any injury to an individual. Negligence is simple words means the careless behavior which might lead to certain conditions which can cause harm or injury to another individual.

It is difficult for plaintiff to produce evidence that directly suggest that injury caused to him was due to the negligence of defendant. Thus, to relieve the plaintiff from burden of giving evidence in certain cases the doctrine of Res Ipsa Loquitur was introduced.

The doctrine of Res Ipsa Loquitur is applied to the cases where the case facts strongly points out to the negligence of defendant but no specific evidence of such negligence exists. It means if case has circumstances where the case itself suggest that injury could not have occurred without the negligence of defendant then plaintiff is does not required to prove it with evidence.

To use this doctrine certain elements must be met. Those elements are as follow:

• That the injury to plaintiff was caused due to negligence of plaintiff and there is no other explanation for his injuries.

• The situation causing the injury comes within the sole responsibility and control of defendant.

• The plaintiff’s actions did not cause him injury.