Res Ipsa Loquitor and Florida Injury VictimsTampa Bay Legal News
Not dissimilar from a lot of other states, the legal theory referred to as res ipsa loquitur exists as a case that can be filed against respondents in a Florida civil tort case. Most often, this legal doctrine claim is put forth when the plaintiff argues that the court is able to infer negligent actions from the injury that transpired even without any direct proof.
This means that res ipsa loquitur is generally cited when the nature of how an injury came to be is so unmistakably negligent that the court does not ask for any direct evidence regarding the defendant’s actions before it establishes liability.
Elements of a Standard Personal Injury Case
A standard personal injury case is comprised of four elements. First, that the defendant had a duty of care to behave as any careful and reasonable person would have done in a similar set of circumstances. Second, there was some kind of violation of that duty of care to behave reasonably and cautiously. Third, the violation of that duty resulted in injury to another person, which is the fourth element of a victim’s claim of personal injury. In the event that those four specific elements are not immediately available in a claim, the victim is also able to build a claim based on res ipsa loquitur.
How Does Res Ipsa Loquitur Work?
In its direct translation, res ipsa loquitur says “the thing speaks for itself.” As referenced in a court of law, this implies that if a person is injured, then somebody else is most probably liable for that injury. Courts in the state of Florida have routinely taken the view that res ipsa loquitur is a very common-sense take on the law.
The state of Florida demands proof of three factors in establishing a case through res ipsa loquitur:
- Straightforward evidence of negligent behavior is not available
- The agency that resulted in the victim’s injury was solely under the control of the respondent
- The injury would not, in the regular course of affairs, have happened had it not been for negligence on the part of the defendant.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.