What doctrine allows a court to infer that the defendant caused the harm?

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Prepare for the Louisiana Notary Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Res Ipsa Loquitur is a legal doctrine that allows a court to presume negligence based on the very nature of the accident or injury, under circumstances that imply the defendant's control over the situation. This doctrine applies when the event causing harm is of such a nature that it would not normally occur without negligence. To invoke this doctrine, certain conditions must be met: the accident must be of a kind that does not happen without negligence, the instrumentality causing the harm must have been under the control of the defendant, and the injured party must not have contributed to the harm.

This doctrine is particularly useful in cases where direct evidence of the defendant's negligence is lacking, but the circumstances surrounding the event strongly suggest that negligence occurred. For example, if a surgical instrument is left inside a patient after an operation, it can be inferred that this could only happen due to negligence on the part of the surgical team, thus allowing the injured party to proceed with their case without needing to provide direct evidence of fault.

The other options refer to different legal principles. Negligence Per Se involves a violation of statute or regulation being considered as conclusive evidence of negligence. Strict Liability refers to liability without fault for inherently dangerous activities or defective products. Comparative Fault involves apportion