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The Doctrine Of Res Ipsa Loquitur In Washington, Max Kaminoff
The Doctrine Of Res Ipsa Loquitur In Washington, Max Kaminoff
Washington Law Review
Under the doctrine of res ipsa loquitur, where proof is made that an injury occurred under certain circumstances, negligence will be presumed from those circumstances. It is the purpose of this comment to discuss the doctrine as it exists in Washington from the standpoint of: (1) Under what circumstances will the doctrine be applied; (2) What effect will be given to the doctrine when it is applied; and (3) Will the applicability of the doctrine be affected by the plaintiff's pleading and attempting to prove specific acts of negligence.
Recovery For Injury Without Impact: The Washington Cases, John W. Richards
Recovery For Injury Without Impact: The Washington Cases, John W. Richards
Washington Law Review
It is fifty years, almost to a day, since the problem of liability for physical injuries to the plaintiff, caused not by impact but by fright or shock induced by defendant's negligent conduct, made its nearly simultaneous appearance in England and the United States. Both the House of Lords and the Supreme Court of New York disposed of it by denying liability; both stressed the lack of precedent as the basis for decision. Since then, precedents have come in plenty, and while many of the states still deny an action, the majority in which the question has arisen, supported by …