NH Bar Practice Questions - New Hampshire Bar Examination (UBE) Exam

Under the doctrine of res ipsa loquitur, the plaintiff may establish an inference of negligence by showing that:

The defendant violated a safety statute The defendant settled a prior similar claim The plaintiff suffered severe damages The injury is of a kind that ordinarily does not occur absent negligence and the instrumentality was within the defendant's exclusive control

Correct Answer:

The injury is of a kind that ordinarily does not occur absent negligence and the instrumentality was within the defendant's exclusive control

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