Under which doctrine can an individual be presumed negligent if an injury occurs during an event that typically does not happen without negligence?

The doctrine that allows an individual to be presumed negligent when an injury occurs during an event that usually does not happen without negligence is known as "Res Ipsa Loquitur." This Latin phrase translates to "the thing speaks for itself." Under this doctrine, the court infers negligence simply from the nature of the accident or injury, provided that certain conditions are met.

Specifically, it applies in situations where the incident is of such a nature that it would not ordinarily occur without someone's negligence. For instance, if a surgical instrument is left inside a patient after surgery, the very occurrence of this situation suggests that there was a failure to exercise proper care.

Res Ipsa Loquitur shifts the burden of proof to the defendant, who must then show that they were not negligent. This doctrine is particularly useful in cases where direct evidence of negligence is hard to obtain, and it relies on the jury's understanding that such accidents are typically caused by a lack of due care.

In contrast, the other options focus on different aspects of negligence law. Negligence Per Se involves a violation of a law or statute that causes injury, Assumption of Risk pertains to a person's voluntary acceptance of a known risk, and Comparative Negligence assesses the degree of