Unusual Head Injury Suffered While Riding a Roller Coaster Allows a Plaintiff to Utilize the Doctrine of Res Ipsa Loquitur in Washington State
By Kyle D. Riley, of Smith Freed Eberhard
In personal injury lawsuits alleging negligence, the plaintiff has the burden of proving that a defendant breached a duty owed to the plaintiff. In some cases, however, plaintiffs are unable to supply evidence of any breach. This is when they have the option of utilizing the legal doctrine of res ipsa loquitur. The doctrine potentially relieves plaintiffs of the burden of proving a breach by showing that the injury would not have ordinarily occurr