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Atlanta Criminal Defense Lawyers > Blog > Personal Injury > When Does “The Think Speak for Itself” in a Georgia Personal Injury Case?

When Does “The Think Speak for Itself” in a Georgia Personal Injury Case?

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In the typical personal injury case, the plaintiff needs to prove that the defendant acted in a negligent manner that caused the plaintiff to suffer a loss. For example, if the defendant runs a red light and hits the plaintiff’s car, that is a textbook example of negligence. More to the point, there is evidence to support the plaintiff’s claim, i.e., their own eyewitness testimony and the damaged vehicles.

There are, however, some personal injury cases where nobody directly saw what happened yet common sense dictates it must have occurred due to the defendant’s negligence. This is what is known as a res ipsa loquitur inference. Latin for “the thing speaks for itself,” res ipsa loquitur allows a judge or jury to infer a defendant’s negligence off three conditions are met:

  • the injury is one that would ordinarily not occur absent someone’s negligence;
  • the injury was caused by an agency or instrumentality under the defendant’s exclusive control; and
  • the injury was not due to any voluntary action or contribution by the plaintiff.

Neighbors’ Lawsuit Focuses on Fire of Unknown Cause

Proving res ipsa loquitur is often easier said than done. Just recently, the Georgia Court of Appeals held the defendants in a personal injury case were entitled to summary judgment on a res ipsa loquitur claim. This lawsuit, Cribb v. Moore, involved a tragic fire that occurred on the defendants’ property.

The plaintiffs, a married couple, and the defendants, also a married couple, were neighbors. One morning, a shed on the defendant’s property caught fire. The defendant husband was still inside. The plaintiff husband ran inside the shed to save his neighbor. After making two failed attempts, however, the plaintiff could not proceed any further due to the intensity of the fire. The defendant husband subsequently died as a result of his injuries.

The plaintiff husband sustained serious injuries during his rescue attempts. He and his wife subsequently sued the defendants–the defendant wife and her late husband’s estate–seeking damages. Among other claims, the plaintiffs alleged that res ipsa loquitur applied to the facts of this case.

The Court of Appeals disagreed. There was no evidence before the trial court as to the cause of the fire. Indeed, investigators could not determine any cause. As such, there was no evidence the defendant husband was negligent in starting or otherwise causing the fire. For example, the appellate court noted that there was nothing to suggest the defendants “negligently stored any equipment or products” that might have started the fire. And absent any negligence, the plaintiffs could not seek a res ipsa loquitur inference.

Contact The Spizman Firm Trial Lawyers Today

If you have sustained catastrophic or life-altering injuries due to someone else’s reckless actions, you have a right to seek compensation under Georgia law. Our Atlanta personal injury lawyers are here to help. Call The Spizman Firm Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=09d57d39-94e5-4ace-84bc-f6d3057106f3

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